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From the Jarboe LUfrary
'I
t
'l-^
■w
I
Lately published.
The Twelfth Volume of
THE PARLIAMENTARY HISTORY OP ENGLAND,
From the Earliest Period down to the Year 1803.
[VoL XIH. wiU be published in December.^
Aho,
THE PARLIAMENTARY DEBATES,
From the Year 1803 to the present Time.
The Tw|£NT*-piiisT, TwENT^'SEcoND, ttiid TwENTY*TnmD VolumeB of
Work, comprising the Debates in both Houeefi of Parliament during the Sesa
1812, are ready for deUwry,
%♦ Subscribers who may not hiTFe completed their Sets affe requested to m
Immediate application for the Volumes wanted, as the Proprietors will not engagi
supply aoy Odd Volumes ai^er the first of January 1813*
[Complete Sets m&y atlU be had*]
State Trials.
VOL. XVI.
NOTE TO THE READER
FRAGILE
THE PAPER IN THIS VOLUME IS BRITTI E
PLEASE HANDLE WITH CARE
COMPLETE ::GQfc LECTION
... •o]^ • •:*• ..•; ;:••••
Stite Trials
AKD
PROCEEDINGS FOR HIGH TREASON AND OTHER
CRIMES AND MISDEMEANORS
nOM TOE
EARLIEST PERIOD TO THE PRESENT TIME,
WITH IfOTES AJ^D OTHER ILLUSTRATIOJfS
COMPILED BY
T. B. HOWELL. Esq. F.R.S. P.&A.
VOL. XVI.
A.D. 1722—1725.
LONDON:
PRINTED BY T. C HANSARD, PETERBOROUGH-COURT, FLEET-STREBTs
ijDNOMAN, HURST, REES, ORME, it BROWN ; J. RICHARDSON ; BLACK,
PARRY, & CO. ; J. HATCHARD ; £. LLOYD ; E. BUDD ; J. FAULDER;
B. JEFFERY ; J. BOOKER ; CRADOCK Ik JOY ; R. H. SVANS ; J. BOOTHi
KKD T. C. HANSARD.
1813.
1 tiH:\74
TABLE OF CONTENTS
TO
VOLUME XVI.
REIGN OP KING GEORGE THE FIRST.
Page
461. The Trial of HUGH REASON and RpBERT TRANTER,
at the King's-Bench, for the Murder of Edward LuttereD, esq*
▲.p. nas < -...M i 1
4SS. The Trial of JOHN WOODBUENE and ARUNDEL COKE, esq.
at Sufiblk ABsizes, for Felony, in wilfully ditting the Nose of
EDWARD CRISPE, gent. a.d. 1722 54
463. The Trial of CHRISTOPHER LAYER, esq. at the King*«.Bench,
for High Treason, a. d. 1722 9$"^'
464. Proceedings in Parliament agunst JOHN PLUNKETT, GEORGE
KELLY, alias JOHNSON, and Dr. FRANCIS ATTERBURY,
Bishop of Rochester, upon Bills of Pains and Penalties for a Trea-
sonable Conspiracy, a.d. 1723 324
465. The Trial of EDWARD ARNOLD, for Felony (in maliciously and
wilfully shooting at, and wounding, the Right Hon. the Lord '
I Onslow )y at the Assizes held at Kingston upon Thames, in
Surrey, March 20, a.d. 1724 693
I The Trial of THOMAS Eari of MACCLESFIELD, Lord High
Chancellor of Great Britain, befdlie the House of Lords, for High
Crimes and Misdemeanors in the Execution of his Office, a. d.
1786 76T
ERRATA in this Volume.
Pagee4i6f UlBnf Ndefjor, 'nz. to the maintenanoe of the Dogma, read, to th»
iii^iitetiaiiGey for inBtance, of the Dogma.
Page M9| L ^ofNote^Jbrf Pope's sneer, readf the sneer of Atterbury's friend Pope.
A COMPLETE COLLECTION
OF
STATE TRIALS,
461. The Trial of Hugh Reason and Robebt Trai^tek, at the
KingVBench, for the Murder of Edw^ard Luttcrell, esq. HiL
& Gkokge I. A. D. 1722*
February^, 1732.
kBoen Rci^. — DoMiNut Rex ver. Huoonem
ReaBOM et ItoBERTUM I'eamter.
. TV I odictineot win as follows :
* T HE Jury present, that Huffh Reason and
BoWrt Trmoter, not ha?iii^ the &ar of God be-
fcvr tlicir eyes, but beio(r moired and seduced
Ik the instigation of tb« devil, the 17tb day of
' This Case is rejiorted in 1 iSirauge 499, as
laws:
DoMiKus Rex v. Reason and Tranter.
*< The defendants bein^ indicted by the grand
JHT ttiat attends the Court of B. R. tor the
Mnler ot Mr. Luttereil, Mere brouj^ht up to
tyt bar and arraigned, and pleade<I Not Guilty ;
BB«i M\y*fk their request were remanded to New-
fate, instead of being turned over to the inar-
siial.
" Upon the Trial (which was at bar) we who
were counsel for the king offered to give in
fvidence several declarations made by the de-
emed on his dt-ath-bed, whereby he charged
ike defendants with barbarously murdermg
kn, aud without much hesitation the Court
kl OS ixito thai evidence. Whereupon we call-
id a clergyman who attended him, and he
»are that l>eing desired by some friends of the
l^odants to press Mr. Lutterell to declare
*te provocation he had given the defendants
to Me hint in that manner ; he declared upon
Aanivation, that as he was a dying man he
J^ them DO provocatilb, but they barbarously
^ 'ercd him : that in the afternoon of the
di^v, two justices of the peace being pre-
M hmving given him bis oath, he made
r aod more particular declaration to that
•. wbich the witness at the desire of the
-mIl down in writing, hut Mr. Luttcrell
■■^ io write, it was not signed by
"%« w« did not deliver it in.
m
Ootebcr last, about the boor of t«D of the clock
in the forenoon of the said day, by force and
arms, at the parish of St. Clement O^mea, in
the county of Middlesex, in and ujaon one £d«
ward )«ntterell, esq. in the peace or God and of
our sovereign lord the king, then and there
being, fek>nioos1y, Toluntarily, and of their
malice aferetbougbt, did iqako an amalt ; and
that the said Hugh Reason, with a nktol of tko
▼ailue of 6i. then and tfaefO charged wfth gun-
And the same witness proved, that upon hia
administering the sacrament to him lie ex-
horted him in (he most proper manner to deal
ingenuously, and declare once more, whether
there was no provocation given by him, and
whether he would stand by the account be had
before given ; upon which the deceased an-
swered, that as he hoped to be judged at the
last day, it was every syllable true, and soon
afler expired.
" When this gentleman had finished his evi-
dence, the Court called upon ns to produce
the paper that had beon written from the mouth
of the deceased, saying that was better evi-
dence than the memory of the witness ; where-
upon we acquainted the Court, that we had not
the original, it being in the custody of one of
the justices, whom going to subpoena we found
he was in Wales ; hut the clergyman said he
had a copy of it, which he took for his own sa-
tisfaction, before he delivered in the original to
the coroner, and he offered to swear this to be
a true copy.
"Whereupon a debate arose, whether this
copy was evidence or not : we who were for
the king insisting, that the first paper being
only the writing of the witness, not signed by
the examinant, this which he now produced,
was as much an original as that. But the
Court refused to let it be read, unless we could
shew the original was lost, whereas it appeared
we might have had ii to produce, if we had
sent after it io time.
B
8]
8 GEORGE I. Trial of Hugh Reaton and Robert TratU&f [4
there by the force of the laid powder, the laid
' K>n the right part of
Luttcrel I, under tb«
igrht |Ki|> of tiie said Edward Liitterell, then
tnd there feloniously, ?ohintarUy, and of his
powder and leaden bullets ; which said pistol
the said Hiigfh Reason in his rig^ht hand,. then
and there had and held into and aflrainst the
aforesaid Edward Liitterell, then and there felo-
niously und of his malice aforethought did shoot
oflT and discharge : And that the said Hu(;h
Reason with leaden bullets aforesaid issuing
and shot off out of the pistol aforesaid, then and
** It was then objected by the chief jnstice,
that since the written evidence was not pro-
duced, the whole CTidence of the deceased's
declarations ought to be rejected, for the first,
second and third being all to the same effect,
are but one fact of which the best evidence was
not produced ; and therefore he was of opinion,
that we could not be let in to give any account
of the first and third conference.
** But the other judges were of opinion we
might, saying they were three distinct facts,
and there was no reason to exclude the evi- .
dence as to the first and third declaration,
merely because we were disabled to give an
account of the second.
**ThereuiHm the witness was directed to
repeat his evidence, laying the examination be-
fore the justices out of the case, which he did
accordingly.
** And upon the whole evidence the fact
(upon which the question of law arose) was
this:
*< The defendants were officers of the she-
riff of Middlesex, and bad a warrant to arrest
Mr. Lutterell lor 10/. thev arrested him com-
ing out of his lodgings, whereupon be desired
them to go back with him to his lodgings, and
he would pay the money. They complied
with this, and Reason went up with him into the
dining-room, having sent Tranter to the attor-
ney's for a bill of the charges. Whilst Reason
and the deceased continued together, some
words passed between them in rdution to civi-
lity-money, which Mr. Lutterell refused to
give, and thereupon went up another pair
of stairs to order his lady to tell out the money,
and then returned to ICeason with two pistols
in his breast, which upon the importunity of
the maid he laid down upon the table, and re-
tired to the fire which was at the other end of
the room, declaring he did not design to hurt
the defendants, but he would not be ill used.
*< By this time Tranter returned from the
attorney's with the bill, and being let in bv the
boy went directly up stairs to his partner, being
followed by the boy, who swore, that as he was
upon the stairs (Tranter being that minute p^ne
into tlie dining-room) he heard a blow given,
but oiiuld not tell by whom, and Ihereunon
hastening into the room he found Tn^uter-nad
run the deceased up against the ckset door,
and Reason with his sword stQhbing him. Mr.
Lutterell soon sunk down upon the ground, and
begged for m^rcy ; but Reason standing over
hiuj continued to stab him, till he had wounded
him in nine places.
'* By this time the maid camcfo, and seeing
ker mantcr in that pof tart, she and the boy cuu
8
Edwartl Lutterell in and upon the right psrt of
the body of the said Edward Li
right
and
malice aforethought struck : and that the said
Hugh Reason then and there feloniously, vo-
luntarily, and of his malice aforesaid, gave to
out for help, and immediately heard one of tb«
pistols go off, and presently af\cr the second,
which a woman looking out at uindow on the
other side the way proved to be fired by Rea«
sou ; and several people upon the alarm of the
maid coming into the room found Mr. LuttercH
upon the ground where the maid left him,
without any sword or pistol near him.
** Upon the defendants' evidence it appeared,
that Mr. Lutterell had a walking-cane in his
band, and that Tranter had a scratch in hit
forehead, which might be probably a blow with
the cane, and the blow heard by the boy upoe
Tranter's first going into the room. And one
of the surgeons deposed, that the deceased had
made such declarations to the clergyman, but
this witness aAerwards being alone with Mr.
Lutterell pressed him verv earnestly to discover
the truth, upon which Air. Lutterell did say,
that he believetl he might strike one of them
with his cane, before they run him through.
** Upon this the question arose ; whether
Mr. Luttcrell's striking one of the bailiflfs firS^
would reduce the subsequent killing to be man-
slaughter only ?
** For the king it was argued, that Dotwith-
standing such stroke the defendants would be
guilty of munler, that not being a sufficient
provocation for giving the death's wound with
the pistol : and for this Hollo way's case, Cro.
Car. 139, and Kelying 127, were cited, where
the woodward finding a boy in the park who
came to steal wood, tied him to a horse's tail
in order to correct him, the horse run away
and the boy was killed : and this was aiyudged
to be murder, because the tying him to the
horse's tail, being an act of cruelty, for which
no sufficient provocaiion had been given, he
was answerable for all the consequences of it.
*' The defendants insisted, that the bringing
down the pistols was a sufficient alarm to them
to be upon their guard ; and then when he
struck one of them, it was reasonable for them
to apprehend themselves to be in danger ; and
in snch case a prudent man would not leave it
any longer in the power of his adversary to do
him any further mischief.
" To this it was answered by the counsel for
the king, that if Mr. Lutterell had continued to
keep tlie pistols in his bosom, there might be
some colour for an apprehension of danger ;
but the contrary appearing, viz. that he was
at a distance from the pistols, with the defen-
dants between him and them ; they had do
ground to fear any harm upon that account :
and tlie death's wound was given afler Mr.
Lutterell was felleo jdown with the woiiiida be
had received with the sword, and was cntirelj
' iXc Murder ofEiitvard Luttcrell, ttq>
I JS^ih^td Latteretl, with the leaden lul-
ii«l, «if«i of itt^ said pistul ttien nnil
lijf t^ I iii fiowiltfr Hljot olf unit
#«Mf|fri: t the n(;ht purl of the
bif ■! tlic ».-L]fi t^Ow:i]d Liilterellf umler the
^^ Mfi of tbe futtil EdMf art) Liitlf reJK one
MHalwoiittii of *^ f ^irlil) of one inch, Qud
irlM^ of OIL . of which ^itl mortal
mmilkmmal !.....„; v. Luiterelf, Irotn the suit!
MiMirsf IbcMtd 17ih<hi)' of Octoht^r, until
^Offckocir Id tiii^ aftpijiooti of the f>aij if^y
bb||Bid»ed« .. |*^hin^ livet), at which
Mi Mr tl»e £. I 'Krd Lnltere!!, at the
l^^ «farr»tii, of Uie %vouHtl aforesaid, died :
hi dol lJi« said iioberl Tmnter at the time ^f
iW Ukmy and m order aforesaid, by the satil
fit^ RcmMi in makiiner and form :iforesaid,
liMvity, foluiiCarily, and of bin iiiulicearore-
«i CMmmlil^ and perpetmted, relotiiousTy,
M<ag«nJ¥. ■ ' ' [ there
^pr^n: lom-
^anmtt tbe lelony aud mitrder in
i^ptraAil fori. r], Aud the jury say,
itttlKtaid Hii. II iind Robert Tranter
Ib^ md Bdwa ^ d L^ > : i in matiner and form
^ at Ibe parish and cotitity afor^oid,
i»tj» iroliiutarily, and of tfieir malice
, did kill and murder, against bis
ft|nijf*f pea<^/' £cc.
Ta ihsi Indictment tliey severally pleudr d,
W 0iiilrtj, »nd on February 3| were brotij^ht
• %r Rifi^'a- bench bar to receiTC their Tr in! ,
vM pfvccedrd in the following^ manner :
Orrk fif tAe Crmvn. You the prisoners at
iilv, tbear men which you ^hatl hear called
mi ftotmtAiy apnea r, are to pa^s between
m^ ■riaiigg turn the kin^ and you upon
As iral w ymir several h vis and deaths; if
tai ■ill diml)efi.:e them or atiy ot ihfin, yon
ftHt 4a k as they come to tbe book lo be
99m% Mvre Ihey are sworn*
Robert DemieSf esa. challenged »
Fiaoiaa Li^e, eaq* chalten^.
Ji«*« flaWy, esq. challen^eil,
Bttet Stitton, challenged,
BcBJamin Drake* chtillen^ed.
Eliaard OrtMne, cbaltenged.
Uidkmtd ": hailenged.
U Gtk mr.
mf
cf of tlie dcfesdanti : ao thnt what
aUcnrards i*^» murder in them,
H «xccfd«d tbe bounds of self-preser*
** B^ltlDe Court in the direction of the jury
iipmmhtlf declare, thntif they lietiered Mr.
LMcrtD made the (U ' spon thebiiiHfts,
ttabl&aff' with (he i he was down
^aMbravCma r, und the jury njton
flMt AradioQ fpi L^uilty of munslau^h-
tV inl J, dMiqgb otrterw»5e they were di«[M>bed
liWay»ped tbcm for the barbarity of the
*«TW MkodmnlM prayad tbe benefit of the
#oae. «a4 ircrv liitnil in tbt bind.
9. William Pannell, jur
John 1^1 ills, challenged,
3. Thomas Bee liiu^^ton,jtir.
4. Abraham Harrison, jur.
5. Charles Maddockjur.
6. Edward Bosrilef jur.
7. John Parsons, jur.
8. Thomas Cnihb«;rif jur*
9. Thomas Chff,jur-
10. Miles Harper, jur.
IK ilober t Kent, j ur . And
12, John Salt^jur.
Clerk of the Croten.
mation.
Crj^er, make Prcwlt-
Cryer, O Yes, ikc- If any one can inform
our sovereign lord the king's justices^ the king*a
Serjeants J or the king^s ailoruey, of the felony
and murder whereof the priiioners stand in*
dieted iHifoie this inquest be taken between our
sovereign lord the kine^ and the prisoners at
the bar, let them come forth and they shall be
lieanl, for the prisoners now stand at the bar
upon their deliverance.
Cierk of the Croum. Hugh Reason, hold
up y<mr hand ; Robert Tranter, hold up your
hand.
Gentlemen of the jury, look upon tbe pri-
soners and hearken to their cause ; they stand
indicted^ for that Ihcy not havinjj the fear uf
God before their eyes, but being moved and
seduced by the instigation of the devil, the 17tli
day of October last, about the hour often (if the
clock in t lie forenoon of the said day, by force
and arms, at the parish of St. Clement Danes
in the county of Middlesex, in and upon one
Edward Lutleretl, e^. in the peace of Go<l and
of our sovereign lord the king, then and there
being felon iou^ly^ voluntarily, and of their ma-
lice aforethought^ did make an a^^nlt ; and that
tbe said Hugh Reason, with a pistol uf the raltie
of 51. then and there cbarg^ed with gunpowder
aod leaden bullets ; which said nis to! the said
Hugh Reason in bis right hand tliea and there
bad and held into and against the aforesaid
Edward Lutterell, then and there feloniouslvt
and of his malice aforethought, did shoot off"
and discharge: And that the said Hutrh Rea-
son with the leaden bnlkts aforesaid, issuing and
shotoff outof the piiilol aforesaid, then ond there
by the force of the said powder, the said l£dward
Lutterell in and upon the right part of tlie body
of tbe said Edward I^nttercll, under tbe right
pap of the said Edward Lutter ell, then and thera
feloniously J voluntarily, and of bis malice afor^
thought struck ; And that the said Hugh Rea*
son then and there feloniously, vohmiarily, and
of his malice aforesaid, gate to the said Ed-
ward Lutterell, with the leailen bullets afore*
said, out of tbe said pislul then and there by
force of the said powder sliot off and discharged
in and against the right part of the knly of the
said Edward Lullerell, one murlal wound of
tfie breadth of one inch, and the depth of nine
inches, of which said mortal wound the said
Edward Lutterell, from the said 10th hour of
tbe said 17th da)r of Octoberi uQttl the lOlll
4
i
I
7J
8 GEORGE I. Trial of Hugh Reason and Robert Tranter^ [8
hour in the afternoon of the said day he lan-
flfuished, and lanffuishinfi^ lived, at which said
hour the said EdWard liUttercU, at the pa-
rish aforesaid, of the wound aforesaid, died :
Aud tlint the said Robert Tranter at the time
of the felony and murder aforesaid, by the
said Hu>rh lieason in manner and form afore-
said, feloniously, voluntarily, and of his malice
aforesaid, committed and perpetrated, feloni-
ously, voluntarily, and of his malice aforesaid
there was present, aiding, abetting^, assisting,
comfortin(( and maintainingf the said Hugh
Reason to commit the aforesaid felony and
murder in manner and form aforesaid. And
the jury say, that the said H ugh Reason and
Robert Tranter the said Edward Lutterell in
manner and form aforesaid, at the parish and
count)^ aforesaid, feloniously, voluntarilv, and
of their malice aforethought, did kill and mur-
der against his maiesty's i>eace, &c.
They likewise stand charged on the coroner's
inquest for the said murder.
Upon this indictment they have been ar-
raigned, and thereto have pleaded Nut Guilty ;
and for their trial have put themselves upon
Goil and their country, which country you are:
your chaise is to enquire whether they be
Ifuilty of this felony antl murder in manner and
form as they stanu indicted, or not guilty ; if
you find them guilty, you shall inquire what
goods or chattels, lands or tenements they had
at the time of the said felony and munler com-
mitted, or at any time since : if you find them
not guilty, you bliall enquire whether they fled
for it : if you find that they did fly for it, you
shall enquire of their goods and chattels as if
you found them guilty ; if you find them not
guilty, aud that they did not fly for it, say so
and no more, and hear your evidence.
Air. Strange. May it please your lordship,
and you gentlemen of the jury, I am counsel
in this case for the king. This is an indict-
ment against the defendants Hugh Reason and
Robert Tranter for the murder of Mr. Lutterell.
The indictment sets forth, that the defendants
not liuvhig the fear of God hef«>re their eyes,
but being moved anil seduced by the instigation
of the devil, on the 17ih of October last at ten
of the clock in the morning, in the parish of St.
Clement Danes in the county of Middlesex, did
make an assault on Edward Lutterell, esq.
that the defendant Hugh Reason with a pistol
charged with gunpowder and bullets, which
he then and there held in his right hand, into
anil against the said Edward Lutterell then and
there feloniously, and of his malice afore-
tlmught did sImk)'. o/T and discharge, and that
the prisoner Hiigli Reason, with the leaden
bullets aforesaid, issuing and shot off out of the
pistid aforesaiil, then and there by the force of
the saifl powder the said Edward Lutterell, in
and up«m the right part of the body of the said
Ed w aril Lutterell, under the right pap of the
said Edward LuUerell, then and Uieie Mm.
niouslv, voluntarily ami of.liia mfir*
Aoi^Ltiiiriick, ^ lut dMna nmi
then and there feloniously, wilfully, and of his
malice aforethought did give to thesaid Edward
Lutterell, with the leaden bullets aforesaid, out
of the said pistol, then and thereby force of the
powder shot off and discharged in and against
the right part of the body of the said Edward
Lutterell, under the right pap of the said Ed-
ward Lutterell, one mortal wound of the breadtli
of one inch, and the depth of nine inches, of
which mortal wound the said Edward Lutterell,
from the said 10th hour of the said 17th of
October, to the 10th hour in the afternoon of the
said day languished, and languishing lived, at
which time the said Edward Lutterell at the
parish aforesaid, of the wound aforesaid, died r
and that the other defendant, Robert Trauter,
was aiding and assisting the said Hugh Reaaon
to commit the said felony and murder in man-
ner and form aforesaid, and that they the said
Hugh Reason and Robert Tranter, the said
Edward Lutterell in manner and form aforesaid,
at the parish and county aforesaid, felontoii8ly»
wilfully and of their malice afore-thon^ht did
kill and murder, which is laid to be aq^mstthe
peace of his majesty, his crown and dignity, to
which the defendants ^lave severally pleaded
Not Guilty : they are likewise charged on the
coroner's inquest for the said miirder. We
sliall call our witnesses, an<f if we prove theui
guilty you will find tli4ln so.
Mr. Serj. Chtthire. May it please your lord-
ship, and you gentlemen of the jury, 1 am
counsel in this case for the king; the two pri«
soners at the bar, Hugh Reason and Robert
Tranter, sUnd indicted before you, and are
charged before you on the coroner's inquest^
for the murder of Edward Lutterell, eso. and
according to my instructions, which 1 will keep
exactly to, he came by his death in this manner :
on the 17th of Octolier last, this gentleman
coming out of his lotlgings in Surry -street,
going towards the water-side to take the water
at the stairs there, the two prisoners came to
him and did arrest him, and told him they ar-
rested him at the suit of one Mr. Rous for 10/.
He submitted to their arrest, desired them to
return with them to his lodging and he woukt
pay the money : they consented, and both re«
turned to the door with him ; but Reason wu
the only i^erson that went up with him : Tranter
said, he would ffo and fetch the attorney oc
solicitor's bill : the deceased went up one pair
of stairs, Reason went with him, they were to*
gether in the dining-room, words happened
between them, as will come from the evidence;
they calleil him rogue, rascal, and mintera
charged him as a person that refused to pay
honest debts, and shelteretl himself imder fb*
puted places of security. He directed his tadfi
who was then in her Md-chamher on the saffli **
floor up one pair of ttaira, to go and ftlch M
money, by which It may bft umpdaed thai:* J
waa in oiAm Itf CAt ll/dMili iMIttktt «fMll
^/t*r the Murtkr of Eihuard Lutferglt, «^
A. D. vmt
[1©
I ihafc, 1 tEit>#l hikve tbree gtiincas fbr niy
No« my « the deceased, youbavenot
I ine •• as bi «leserT€ three tfuinwis or atj v
I fbr civility, wiibout mtkio^ any de-
Mr* WmtLf iTCttfiag' of Hvniicide in ad-
fi«niirol or eiceciitmn of the low (PL Cr. cb.
5,1^.) saT^ 1 • If the officer in execiUiDg^hif
^kr, ext * !y, rti« law give** hi in
Upvlvrt^ t-5«. Aod it bebovps
Mttirfy the Hiii4«jter j of jti-^tice and other pub*
iiiCeierv, but Itkmvise privnte persons en J t*a-
HMfT ui arr^t or impri«on an the sefern^
(«» mrgmdy treated oi\ to bt^ very careRtI that
4fy db not rDnbehave themseWes id the dis-
liMr of ihetr duty ; for if ibey do ihey may
iiKhl^tf »}t«cial prutectiori. And tberelbre
Jfr, J«l»ce FoMef [see Crown Law, p. 29^ j]
€iik» tfcmi Ih^ kttltii;^ of 1^1 r. Lutterdt in tbe
i^Mr rep<JTted by Strange, would clearly
kpt fc^eri murder m tbe ofBcera, wbo com-
m^tA tiral fiit !/' TItrn, nt'ler meDtioniiig' (be
%i|«faicli Afe^taiH lu 8ir«Tiafe'8 report, he
fsaenA t ** Tl! is )*» reported to have been man«
rfa^^%ler, by re^-on nf tbe first assault with
tfcecMir; (>ti ^ jf tbe faclB^ tbe learn-
f^jntfr^ fr rt^ Kit I he rerenge taken
«1» t to the offence, and ii)-
di^r Bat be recttfief{ the
tlic aildiiion ol sereral material cir-
rnentioneil iti ibe State Trials ; 1.
L^ Iwfcd - ' ' V brs «ide, which after
ttH^mlTray wn.'- nfn and broken ; 2.
W}» • ' * ' (^11 the table, be de*
ctlfTi Ntthemdovvn, liecduse
br ii.*u, . .. '1 ,'v i-iv -i -JUt ofhis lodp^ioj** j 3,
He thrriftlefi^d tbe officeri several liniea ; 4.
Om tif th*' r^ffi. PIN wjin wounded in the band
*'i m (»»•' it? pi*»tr>l^ bavin i^ been
; . and also slighily rn
wntlby notne ibar|i pointed weapon, and
Ibr M^cf bad a diinifar wound in the band ; 5.
Tb» eriiJctice wns only, that while on tbe
gnijfjd L ftrftl on bi^ bnnds, as if begging for
•ifTr- I ihn the chief jualic© directed
Ibr , ii they b» litred that L. eodea-
wmmttS h.i :\-hc\i'. ■ : ' which he seemed to
teib, and rer ^ was l!ie case, it uotild
be JBiitifi2.ble bonm uir in the officers. How*
ff«r, as L. ^ve I lie ftrst blow accnrnpaDied
«<b iiMQacet to tbe o(ficei«, and considering'
te €lrcoinftsnc« of br« prodactnfi^ lolled pi«-
Ati pe*'''T^^ ^H-'ir t^king^ him from hh lo<I«f-
illlpt, 4ni i have been Ibeir duty to
MftAine ^. It had not been paid or bail
gi9W9^ hit <fedared it could be no more than
' iigfiler/' See, also, chap. 5, sect. 91.
V *ftfr wttin^ forth the chief j»«tice*«
to tb« jnry^lhui concladea bii »€•
••TKU - of the <!biefjnitice there*
Mtler ha omitted ; and therefore I
■an* ' \*« «tate the case more
tmp I diould have done :
IM k raoovx f?t:ip i^Jivin^, that the circttm-
m lite* report are too matpr/at,
maud you arrested me publicly (■ ti)e atreab
My h^rd, according^ lu my insiruatioiu, ike di^
ceaseii went tip one paireC ataus and be re*
turned down with a ca^e fif pistols ; the maid^
and enter ti>o far into the true loerita of iha
case, to Lia?e been dropt by a f^tJemati ui ait
Jobii Strangers abilities andl known eaikdovi, if
he bad not been over- studio us oi' bretity*
^' Imperfect reports of facta aad mrcoM*
atan€«a» eKpeciaily in eases where ef ery cia*
dMBSlance weighs something' in tbe seaie «i
jctstke, are this bane of all science tlkaA d«»
pendeUi upon the precedent?! and exanplea of
tomier tiinea,'*
See, also, Hawkins** ?1. of the Cr. book i,
chap. 29, aectiona 9 and 16, and chap. 31, •.
6K Aa to the kiHittg^ of an officer executing or
altempiiD<^ to execute an illegal i^-arrant, aeft
iti this CoriectioQ the Gate of dterensou, a. d.
1759.
in casea of Homicide caused by beat ef
blood upon sudden provocation, the lawof iikot-
land is less indulgent than that of England i in
which and in some other particulars as to tb it
tnaUer, their legists are not backward to coor
trnst the respective doctrines «)f tbe two codes.
I tniascribe tbe follt^wing paasagea from tbe
t^o most eminent uvodern authors upon the
C'rimiual Luw of Scotland, with whose wriiing;!
1 nil) acquaiuijfd :
*^ Though the distinction of murder aad b9*
mk'ide on provocatioo hasbeeome a part of out
taw as of that of Engloud ; it is not, buweTCV,
to be imagined, that it is therefoi^ establisb^i
in the precise same terms in both, or that oat
f practice has adopted tbe opinions of tlie £Dgw
ish lawyers, with respect to tbe kind or degree
of provocation which will save from the ordi-
nary pains. On the contrary, there ia in ihit
article a great and ^uUtantial dilterrace h^
Iween our system aad theirs. Thus far ihe two
coincide, that no provocation of ttords tbe moat
Ibnl and abusive, nor of signs ami geslttres hoir
contemptuous or derisife soever, is of sutficienl
weight in tbe ticale, materialK lo atleviute the
guilt ; Eo that if Julin, upnu words or aignt of
repmach by James, shaightwny lake una kaife
and stab him, or a heivy banuner and l^eat oiA
his bnuns, be sbfill \)^ jndg«>d a murderer and
die. In ihiA also I heir doftrwe Bgreea, iliat
ihey make no accom.t of provocatttm by tres-
pass on land^or giKwU, if n^t accompanieif with
violence to the person ; w1>ereby, if Ji>hn lind
Jutnes breaking down bi» fence^ or entering bia
inclosurcs to search forgsine without bis leavr,
or poinding John^s cattle v^ ben thiny are upon
John's own property ; in pone «A these ca^es ia
it any thing less than murder, if iltdm shall bn
so far transported wiib rage ni this trivial and
refianible omtnce, as to knock tbe tresp»s«)e
Ihe head. In ihla all the Eivghsh autbo
are agreed ; and certainly fi^r reasons !io ob
ons and convinL-iug as admit of no r**ply,
** But it is further the setitin^en* of s*xwal^
and among the abkst of iWvt ^uUi% w^Vkw^
I
llj S GEORGE I.
nei-ranl, Hiater Gerrard, seeing him with Ihasc
pittolfl, said to hiRi, For Gotl'« sake what husi-
riMCS have you with those piriots? Pn«y, Jsiy
Libe pitttols ftway, mischief may happen : says
' that any assault on tbti persoo of the killer suf-
ficiently extenuates bie ^ullt, to lower the cuse
to maniifaughter, though the injury he iiolbing
more than a single blow with the band, or rwkt>
ling the nose, or a lillup on the forebead, or
^ jitstliog in the street, or whipping the pcisou's
Doriiie out of the tract." — [This, I conjecture,
alludes to Lanure's Case, l Hale^ cb. 37, p.
456. As to which, Mr. East (PL Cr. s. 20,)
lightly observes, *' I should presume that the
ijkct wu done with violence, or great inso-
I knee.'*] — ** Farther, it is the concurring doc-
rtrioe of all their books, that where on n sudden
L^uarrd, parties fight upon the spot with tnorlal
[ii e;ipons, and on equal terms« (each giving the
Ifither time to draw and be on bis guard) ; or
l^en if in heat of blood they ti?tch their weapons,
Dd go to the field and li|^hl^ there also the deed
omes under the notion of manslaughter only ;
nd this without any regard to the first provo-
stion, whether it he verbal or real, or frotn
vhich of the parties it comes.
** Now, in all these articles, our practice is
brnied upon quite another plan. To have a
E^l^tl plea of extenuation, the pannel, at the
time of killing, must have stood in the situation
of an assaulted and injured person, one ivho
was in a manner constrained to strike by the
▼iolence w hicb be was suflTering from the de-
ceased. If in any dej^ree the mortal strife was
matter of conreution between I he parties,
thon|L^h but tiicitly, and taken up at the rao-
ment, it the mortal blow was not the impulse
of iuHtant pain and agitation, but of a purpose
to figbt as on a certain plan and set of princi-
ples ; this, according to our notions, is murder
in the survivor In which point of view, the
circMmstance of waiting till the olher party
draw atid l>t on his g«ard, that favourable cif-
ciinistutjce which makes it manslaughter by
the hw o\' Enghind, would not >%ith ns be of
any advantage lo the pjnnel, as slievf io^ plain
dcliheratjoii, presence of mind, and meiho<l in
his revenge. This, our rule, is proveil by the
i«Q cases formerly mfutiuned, of James Mur-
ray [June 17, 1670.] and Janu»s Gray [June
1 it 167B ] both of them cases of fair combat in
heat ill hloiid, and on a recent quarrel, to which
may bt* ad tied (though willi respect to the suf-
ficiency of the evidence, the verdict has been
thought qiie«itionable,) (he case of William
Douglass [June 4, lt)67,] for the slaughter of
Home of Ecclea, whicli was shortly thus ;
That these persona along with others, had
quarrelled when at dinner m a tavern, and hav-
ing taken coach insiantly drf>ve to the adjacent
fields, where they set to confusedly with
•words two against two, and Home was kill^
as was alleged (and indeed. I think is proved)
by Douglas. The same principle seems to
have ruled in the case of Andrew Rulhedbrd,
lodicleil for the Ktur^ar of fm^eM Dougtasi
Trial of Hugh Benson and Hubert Tranter, £l
be, I design to do Ihem no harm, they have
used me ill, called me rogue, ravcal, and luinter,
I do not design to hurt them, but will not be
ill used by tliem. The maid pressed him, for
[Not. 9 and 16, 1674,] this slauj^hter had taken
tdace on a sudden quarrel, of which it could not
\e said uu the proof who was the author, or whu
had been the first to draw, only the parties
were seen by jicr^ons at some distance to alight
from their horses and thrust at each other, nei-
ther of them, as tar as appeared, taking undue
advantage, or giving back or declining the com-
bat. The jury liiund the i^laughter proved, and
the solf-detencc nol proved. And the Court,
who, by their intKrlocntor hnd previously re-
quired it of the panntl lo bring proof of self-
defence, gave sentence of death,
" With us too, though not always a deci-
sive, it is generally an uufavourable circum-
stance for the pajinel in this question, that he hai
struck thi' first blow ; if John strike James a
blow with the hand, and James return it with
severe blows of a staf}\ on which John being
hurt and irritated, drawls, hat gives James time
to do the like, and thus they fight and James is
killed, this is murder by the Scotiisli practice,
however such a case might he resolved in the
courts of England, We cannot make the same
allowance for his being provoked, who is only
in a situation to be so by bis own intemperate
and unlawful act, and has shewn an absolute
ditiregard of those very emotions in his neigh-
bour, which he woulcf have excused in his own
case* His assault of his neighbour's person
justified the return of blows, and though there
be excess, he cannot therefc»re be Either justifi-
able or excusable to resent these {whil« ihey
do not put his life in danger) unto the death of
his neighbour. Thia rule is pointedly an-
nounced in the interlocutor, in the case of ea-
sign Hardie, where it is sustained to restrict the
libel to an arbitrary pain, that the deceased was
the first aggressor and had laid hold of lire
hiirsc's bridle, and struck Hardie on the facs
V ith a rung or tree ; hut this passage imme-
diately follows, ^ But find the reply made by
* the pursuer, that the paunel beat the defunct
' on the face with a thrawn rod, before he struck
* the pannel with the rung or tree, relevant to
^ elide the foresaid defence simfdicitcr.- The
difference is still more remarkable with regard
tu the degree of injury and provocation which
will he received in our courts to extenuate the
guilt. That any, even gross indignity is suffi-
cient, or any assault on the person of so slight
a nature as those which are mentioned tn the
English books of law, this it would be contrary
to the whole tenor of our records to believe.
Suffice it to mention upon this head, (since the
invariahle course of judgment makes it needless
to accumulate authorities) the case of William
Aird [Sept. 8 and 9, 1693,] lor the murder of
Agnes Bay ne, hy throwing her back wards do wa
stairs ; the allegation was heje repelled, of her
having provoked him by tossing the contents of
a chamuer put in his laoe^ lo tbort it ti to b%
w the Mwjgr of Edward LuttereH, esq.
l-TK.
[I*
U «i^ Uy iHe'fi tlnwii, ^oiir lady tfill be | the door, and llie boy.Thomai* Hftrg:paTP,went
%jhieil \^ tr, ihc tar end of tne room, j to let in the person ilint knocked, aofl it proved
)tdh*' and rttreiited to the fire- j the dercndantTranler: Tranter ran boiiil^ oji
pn. bv va\9 iitite there was a knocking at ttairs, and the Iraj traa folloiring hxm^ and
kg
* •• * f*5 not come up to the due
occ by our law, that the |
' *^^' fi}' bloody though ow- ,
l(nn which t!ie de- t
W t . person. This pna-
St tH^ some nderpiate and ,
dtiv <• and ci*ntinucd as-
lach »% cairiic* ayhution and alarm with
l*4n:a»or farther harm and injury, aa well ,
mf^oA amarl ao<) pain of body ; whereby I
4»rf.i['i r-i eitcwaahle in the losa of his pre- i
fmm »r i ji| of the just measure of reta- '
tee . ig the pecuhar ca<:e of slaii^h-
lj«Boi-tirti uu the adulterer disco vered in
it licit t am ac«iuujriled with do case of cul*
fii^Viaiici '"^ - '■ ' * -^-ords, which is not
mnm trk* |iion ; not u case of
fmmm ae.! y .. u excited by Inxtily
•Atrai^. ;i; il with terror, and wit!i
■miikfet^ , i. And truly it tnay be
i^kt i in this our rule is net wiser
V. \d leant more suitable to the
:sh people, than that
X^m^ which excuses
i4:¥wfiL;^ t^f s»^t^h inconaicJerahle
Trt CTirb anil repress an over- jealous,
'Tte Humouri as far as can
; ice i n the particular case,
;» the course of
f'f law in this
. ^. ;jgainst the per-
ML .iiiU 1 3 to l^ duty kept in
f«9 Ml Mtu ,1. ^^^'^ ^ , .^ x-a it has eon SI deration
ilbi&sii liiiitTDit)^ in those difficult and agi-
Hiiif «i^iik[rin4 oilv, which require a more
%t^ ' - il of mind, and commaml
Wir^. ^ I uid Ihem ; not in those
r liic pndc more llian the body of the maD
» kew* Hfenrf eiV
^\\ I which it wotdd
t W 1 country to ex-
■i iLiuii^w-h Lt< vviih coaliJi-'iice^ clear it is,
K tocb is iKtr fined and certain rule.
^kUh<
''":'. ■ ' ';^erve
B**<"
.■d,-
ImC^
; ui r"i u 1 ^; iirjtfilin,)
Ki..
and is npiirJed by
|K<W
f ' "inch and warm
» bally. A full
^to-4 L.t '
r] : .'irid it Was
^t
1 Ill's
^b>
Dr.
^k. ««-
Krrjfpeciing^il,
^k-f ''
. *>ur to the He-
K^
,1 ciise of difficulty,
^fe.
delibcrati^ attention
Hh|^
f»d|^cd in strict
^^^B
of precedents,
^^^^
1 iixjdrrn date, that
K
ird» Oil ibr whole
^^^^i«*4l
«^ ^i *.:. „..ation, even tlio^c of"
^■fVi
who wtre most tarounbk to the
punnelf and along* with them the jury, had been
of opinion, that the injury to bis person was not
of that detjree, nor had iJecn pro^ecnted to that
letigfth, which could excuse his passion or ex-
tenuate the guilt, so that the deed was rather to
be held a wilful and resentful deed, the fruit of
the habit of mind, the nroud and jealous temper
of the man, who acted deliberately on the oc*
casion, than of excusable perturbation and
terror, or immediate distress of body. If, in
prosecution of his unlawful purpose, loni E^-
Union had advanced on Campbell and bad laid
hold of tlie piece, and thus a personal striigf^le
had ensued, in which Campbell defending his
property (and certainly be was not obliged to
^uit it) had been beaten and overpowered, or in-
jured in bis body before discharging his piece,
this would hare been a far mure favourable
case, and indeed, in my mind, hardly distin-
guishable from that already mentioned of 31 ac-
leau in 1710, where an assault on a person to
take bis carabine from himi was found relevant
to restrict the libel loan arbitrary pain. For
this wouTd not have been a situation of simple
trespass on goods, but of trespass necessarily
coupleiJ to assault of the person. Hut taking
all the particulars of this unfortunate story, it
could scarcely be said that Campbell had been
at all assaulted, or had ^ny reasonable or well
grounded apprehension of future harm to his
person. Certainly, at the time of dischai'^jiug
bis piece, any provocation he had yet received
was not higher than if he had been just led in
passing, or pulled by the nose, or kicked on the
breech f no one of which indignities according
to any authority or precedent that can be pro*
duced in the law of Scotland, would have beeji
sufficient to excuse him. Jn tine, he bad
shewn nothing of that forbearance, that phlegm
and tanliness of blood, which according to Uie
course of our practice, is a necessary accoin*
panimeni of this plea, but rather a choleric and
jealous disposition, hastily to lay hold of the
tirst opportunity of offence, for the purpose of
revenge.
** In the close of all I shall venture to ob-
serve, that as with regard to the degree of pro-
vocation which makes a ca«f> of culpable femi-
cide, fi!0 also with regard to the judgmrut which
luay competently pass on the <»tTender,*it muy
deserve to be considered, whether our law is not
upon as salutary a footing as that of England ;
for our judges have a discretion in this matter,
to condemn the man -slayer to such a punish'*
mcnl, according to the measure of bis fault,
which shall truly serve as a correction to him,
and a warning to others i whereas, in England,
Ibe judgment is one invariable thing, the for-
feiture of moveables, and burning in the band,
wbicti i« very iine<|iial in iti application to the
different conditions in hff , and if carried into
etiect, may bt cilh«r too 9»fvr% or too Utv\«u\«
15]
8 GEOjUlE
heariogf a noise in the dining^ room, as my in-
itracUons are, he hastened the earlier to see
ivhat the matter ivek ; as soon as he came into
the diiiinff room, the first thing he saw was,
Tranter hoUiinijf the diHscased's arm in his, ami
the other deteiidaot Reason slabbing him, and
he saw the stab : lie was woing to g\^e the
neond stab, but the boy took noid of' the sword-
arm ; Reusun takes the sword with his other
band, and says to the boy. Damn yon, ifyoii
d'not get out of the roum you shall die before
your master : upon this he saw a second pass
at tlie fipentleman, and he cried Murder; upon
his crying murder, the nuiid servant Sarah
came, and she says she saw her master upon
his back on the fl'ior with his hands up bepriog
for mercy, and saw the men stab him several
times : she likewise cries out Murder, aud as
alie went down stairs, and not till then, she
beard a pistol go off, which must be atWr the
poor, wounded, mangled man lay upon the
Qoor. Some time after, not two minutes, she
beard another pistol go off, by this time the
noise was so great that the neighbourhood came
in, particularly one Waters a waterman ; Waters
runs up stairs, and he finds the deceased at the
further end of the room, lying there in a strange
mangled condition ; one of the prisoners en-
deavoured to make his escape, but be was
•tizetl, and so was the other.
It was thought proper in this dying con-
dition, as it was apprehended the poor gentle-
Dian was in, that they should send for the cu-
m I I I I ■ . ■ ■ ■ m ■■ ,1 »
course, but as sometimes managed, by gitl of
the forfeiture to the offender himseU'jhecomes
DO punishment at all." — Hume's Comuienta-
hes (Description an<l Punishment of Crimes,)
chap, a, vol. 1, pp. 37a, 380.
So, too, Mr. Burnett, (Treatise on Several
Parts of the Criminal Law of tkotland, chap. 1,
p. 17.):
*< While the law as to homiciflo on provoca-
tion, has in latter years been greatly mitigated,
it by no means goes the length of tluit indul-
gence which seems to be allowed by the law of
our neighbouring country, to resentment on
slighter injuries, where danger U) the person
and alarm for one's safety cannot be inferred,
that it will punish viith only tine and imprison-
ment him, who, without any adequate or just
cauie, but from a punctilious sense of honour,
arising from a sl^gntor implied injnry, wilfully
bereaves a fellow-creature of his life ; an in-
dulgence which is directly adverse to every
rule and precedent in the law of Scotland.
** Nor, while it makes allowance for anger
excited by a just cause, and which impels to
immediate resiuance, will it C4Nintenance any
tiling like deliberate cruelty, or the taking
amends fur injuries, even of the highest kmd,
alWr an interval of time. It is the frailty of re-
■entment in heat of blood, notof rereoge, after
•passion iiaa had time to subside, that tbe law
nakM any aUowance fiir. Btooe all acta of
raiiaralad aod cxeaM?* ▼)
I. Trial of llvg\ Reason anff Robert Tranter, [ 16
rate of the parish, Mr. Peters ; Mr. Peters did
come, and according lo my instructions, as
they appnhended him to lie dying, says a
friend of the defendants, Pray enquire of the
gentleman how this accident happened? 11^
did so, and he will give you an account of what
passed between him and the deceased before
the justice of the peace came. Kut Mr. Ver-
non and Mr. Haynes, the two justices of the
peace, sotm afVer'came in, and at iheir request,
they having no clerk with them, Mr. Peters
was |)leased to sit down and take the examina-
tion m writing ; having given, him his oath,
Mr. Peters was pleased to set it down ; the
substance of what he did say was this, ^* The
bailiffs took the pistols from my table and
shot me twice, the fat man run me through,
and then dretv my sword, which I broke my-
self in his hand, and begged for my hfe : T
never fired a pistol, nor mode one push ; they
both run me through, I offered to pay them the
money." The condition the gentleman u as in
at that time was such, as it was not thought
reasonable that he should sign it, but they will
give you an account that he was perfectly sen-
sible. My lord, iu the afternooo someboilj
sent for ftlr. Peters the ckrgyman again, and
it was with an intent that the deceased might
receive the holy sacrament; and Mr. Peters,
like a prudent man, says, ** According to tbe
account you have given yon have been hardly
used : however it becomes me to hope and de-
sire, and you to express, Uiat you are in cha-
are committed in a cruel and unusual manner,
though on slroiif and immediate provocation,
will be held to indicate that malice which is the
characteristic of murder ; in the same way that
acts of lesser violence, but which end in deuth, «k
if done ex inter vallOf under pretence of prior ^
provocation, will be held to mdicate the '
temper, and to foifeit every indulgence of the
law.
" The same principle holds in the case of
immeiliate resistance on provocation, if it shall
appear that the party acted not from the im-
pulse of thai provocation, but from a fonner
grudge ; or if, to satiate his resentment for ptil
injuries, he purposely courts a quarrel, and in-
duces provocation, as a colour to his malice.
In such cases, the extenuation of passion caa
have no place. The real impulse, tiien, is ma-
lice and revenge, that deliberate and reflecting
passion, for wuich the law makes no allow-
ance."
^
^')
*i
'^
I,
■\
It is, perhaps, too minute to be wortb omb- l
tion, that as to convictions for mansUugbteri ^
Mr. Hume appears not to have been aware, y^
that the forfeiture of (movables) goods UM «f
chattab is in practice never exacted ; tbal Ihtt^^
burning in the hand may in tbe discrelioa «i£
the Court be changed to a moderate fine % >
that moreorer the Court may edjiidgie tlvi
ftDdertobejaipriMiiM^ «, «» ^-Si p
Jbr tie Murder of Edward Ltdterell, aq. A. D. 1722,
[18
■«i»
\ 1 admlBtAer tlie lioty -sacrament"
J * A« 1 %hM. apiirmr befoi^ ihe ^rtnX
Ifiil vf bMfVdi, fvl»«i I told yoti is true, I waji
teiMlr nauiTtl*»r*il ? lii>wm>(FT I aiii ill fier-
ttharit^ -ive tliem^ and 1
' : ; ibem their ia-
iVi V i^xikt be did contiaue lur somt'
»• Isn^it^tiin;; waVf thuu^fh all care vvaa
itftA Ua cxnminnUan after
a sad circum!)ta£ioe in the
mic: if mud no If^ss than] ten wouridtj
my of iLem mart a) ; he did coii-
llli* ~ *! ' 10 nt ni^ht and then
il a caw; of^rcat cno-
uKi ^i'* «Mi njtf une baud the de*
F iifficer« ttfid rnin litters of justice^
1^ prelected in h^trwu^ of their pro-
I a* wwg oa ttiey do their duty must
immA \ %in u h* ti (KHjjde Rubutilto ihcir
f, IImtv ''>e protected, and the
ftp, Ibal m|ijn [le to submit, requires
i» ^km f» f»rol«ci and preser? e their lives,
ail It wmf omocr riveif luireaflooable correc*
'. tii^y male no re^i^itance in cases of
imlj, where hjirdships and difficultiis
«»flat wpon tlfetD, to afl to shorteit- their hves.
I«toii It to my lord's direcUon, whether they
fl» MA ffB^y <«f t^V^e murder? To eliew how
^rfiil iDt* Uw II or tlie lile of man, my lord
fdhi* **]^*f U^^oy °t%i> ^Ito t* in custoily of a
^iW WM, ibe cornuer^s inquest mue^t ait
^1 y«i ; and it U for this reason, that the
^^mmj be appriseed thit the Kuhject h,id no
feii^T, biitcftmeto a natural death; this po-
hf «r Bw M a guild QXitt, Tbef^e, |^<?nilenieH,
■P^baumli Mrbieb will betaken imocon>
tt(telM», and when we haf e caHed our wit-
,la BtttiA b« lfe;ft to ttiy lord*)) direction and
atioD, whether the defetidaat^'
) to lie justified, or whether or no
Art w§i vm duKife the puDiahmenl due to
^^Ki«ri
Mr. JU€9€* 1 am counsel likewise in this
mm fer Use king : The facts haTe been fully
1 m every |Hirticular circum^ttance, »nd 1
1 1« not a matter proper for ua to
> wiSli ila naual attgravation | for consi-
^gtm^n^vA i*r*' nt»t nlltiwed counsel ^
tmAf BO fairly before the
i<»ii I •MOQtomatteriiof
r lh« dcfnidanta are oifieerv of josttce*
I fta are entitled to the protectiou of
ibtei*. ^mHf u% the taw authorines them in
wm . Inii in case they exceed that
«^ iiae tiarbarity to their prisoners,
«^ff^*r>rTv r» tio oocasion tor it, ihev eKceeil
tel»«iids Ml tMr authority y and what hap-
■Ki aftarwvnds by n - -r^?*r s qimrTcl, thtiy
■isntlri^afv Ihe f ; and if a per*
!• bJIrd, I aabib-. ., u ^^ai lordship if they
r spi fuill^ of *xmw4m^
^ II y hord, if rcsitlance is made by
^^1^ and it ta necessary for the
mooer, or for the life of'
e |M*iso
Hfe is attempted by the pri*
1011.59,91.
preservation of the \
the officer^ if bits Hf^
soner, and in doing^ what i^ necesiutry for
their defence^ and for the keepinjf of their pri-
soner, there happens a quurrel commencetl
by the niult of the prisoner, we agree the of-
ticers are n«t to be blamed : Hut if a quarrel if
commenced by the offif^rs against a priboner
subniittiji)^ to the law, luid to their authority,
aud wilhn^ to do that which the law requires,
uamely, to pay the debt, then only lor cirility
money they use durance, and they used him
ii), and they begin the quarrel and ft|»^ht with
the man on that account, we must submit it»
whether it is not murder. We must agree in
our evideoce* that there was not any person
present at the time of the beginning of the quar-
rel, nor who continued there duriujj the quar-
rel : But from the circumstanceSt ami the evi*
dence we have to lay before the jury, it will
amount to a proof, that this quarrel was b^
guu by the officer* It is true, ihei^ were
piflloU fetched by the deceasei), hut these pis-
tols, if we shew they were not designed t^ he
made use of to injure ihe bailiffs, but were onlv
for his own preservation ^ if he should he ill
used by them ; if aHer he had taken these pis-
toU he dismissed himself from the custody of
these pistols, as we apprehend will appear I'uia
the evKJeoce, and they take up these pt$kds»
and with one of these pistols shoot their pri-
Moner, we apprehend that nill take off the cir^
cuinstaiices, that would sceia in favour of tbem«
My lord, v»e will call our witnesses, yiid prove
all our facts, and then we must submit it to
your lordships* direction tothejurj% whether
on those fsctii it doth not appear tliat the of*
fence commtted is murder*
X, C, J. (Sir John Pratt.) Call your mU
nessea.
Tkoma$ Htir^ra-ot sworn .
Mr. HungerJhriL My lord, Thomas Har-
gr^ve. was the de€eaj4ed*s servant, aud he nnw
more than any body ; he will give your lord*
ship an account of the matter*
Sgtj, Cheshire. Thomas Hargrave, do yoit
tell ray lord and the jury, what vou know iit
relatitm to your late master, Mr. Lutterell,
what past between him and the defendants, and
either of them, tell from the beginning, and hi*
sare you tell the truth.
[At the prisoners* desire the witoesset were
ordered out of Court,]
Har grave. The first beginnitig, my lord^
was, my master sent me out of the hiu»e to
call a pair of oars to go up to Westminster oti
Tuesday between nine uud ten oVlock*
X. C. J. What day of tlie month ?
a a f grave ^ 1 do not know ; with that I went
and (NiltfMl a pair of o»rS| and came tiack and
told him I had c«IM them ; says he, ThomaSi
get your hat, and go along with mc ; when be
bad got two or thret* doors from our lodging, m
tittle man, wbost? natue is Tranter, clapt hitn
on Ihe shoulder, and pteseutly aiWr ctt»e aa<>
C
I
:
19]
8 GEORGE I. Trial of Hugh Reason and RoieH Trataer^ [20
other man, Reason, and said they arrested him ;
with that my master says, ** Gentlemen, it'
you will go with me, you shall have your
money, my wife is with child, and 1 am
afraid she will be frightened." " No, damn
you, we will go with no such Minter;*'
with that with gjeat persuasion, my master
got them to go to his lodging: my master
said, ** fetch the attorney and I will pay
tbe money :'* Reason sent Tranter for the at-
torney, and Reason went up with my master,
who said to my mistress, " My dear, don't be
frightened, here are two rascals who hate
abused me in the street;" and mv mistress
said to me, " Go to my nephew :" 1 went, but
he did not immediately come ; when 1 returned
I went into the room, and there was no hai^m
then, my master was walking about the room,
and Reason stood with his iMick to the ceiling
with his face to the pistols. My master said,
'f Let me see your warrant:" Keason shewed
it him, and he said, *' Wipe your arse with it,"
and tliroweil it down upon tho ground. Reason
asked for civility money; my master said,
*' No ; he would gire him none, for he had not
used him well." At last Tranter came ; I
opened the door to him, be run up stairs, I staid
to shut the door, and 1 heard a rustling or
noise ; upon which I ran up stairs atW Tranter,
and I saw Tranter close with my master and
throw him against the closet door, and Reason
took his sword and ran my master through ;
I took Reason hold of the sword arm, and he
said, '< Damn me, if you don't go out of the
room you shall die before your master ;" 1
heard*iio pistol all that time.
Serj. Chethire. Did you go in afler the pistol
was shot off to see your master ?
Margrave. No, I did not see him till after he
vtM carried into the other room.
Serj. Cheshire. Do you know of any di-
rection given by your master about fetching the
money P
Hargrove Yes, I heard my master say to
my mistress, ** Fetch the money, and 1 will
pay these rascals."
Mr. Rrtve- 1 think yon say upon hearing
of a scuffle yon ran up* stairs, and you saw
Tranter run your master against the doaet door.
HargraiK. Yes, Sir.
Mr. Heeve. Had your master any weapon ?
Hargrove, No.
Mr. Reeve. Where were the pistols?
Hargravc. Que was on the table, and the
other in the window.
Mr. Hungerford. How far were the pistols
from your master, were they within his reach ?
Hargrove. No, Sir.
Mr. Hetve. You say you saw him stab your
master.
Hargrove,
Mr. Rtcve.
another stab ?
Hargrove,
Yes.
Was there any attempt to give
Yes, he went to give another
atah, I lotrk him by the swoni arm, and he said,
** Damn you, you shall die before your nuMtar."
upou that 1 went and onail out mnlar.
X. C. J. YoQ say that before that he de*
manded civility money ? — Hargrove. Yes.
X. C. J. What said your master P
Hargrove. He, said, ** 1 will give no rascalf
as you are civility money, for you have shewed
me no civility."
X. C. J. Then you went down by your mis-
tress's direction to call her nephew ; when you
returned, before you came up, what did yoa
hear P Did you near any noise, or buttle, or
blowP — Hargrove, No.
L.C.J. None at all P
Hargrove. No; it was a(\er Tranter came
that I went ui» stairs again.
X. C. J. When Tranter came, yoa opened
the dour to him and followed him up stairs P
Hargrove. Yes.
X. C. J. Did you hear before Tranter entered
the room any noise or stroke P
Hargrove. Only two or three words.
X. C. J. What were those words P
Hargrove. I don't know,
Mr. H'lngerford. What said Reason, when
your moater told him he did not use him well t
Hargrove. Then he was mad, he swore sad
called him a great many names, called him a
Minter, and 1 don't know what.
Reaton. Did not your master request us la
go to the Tiltryard coffee house?
Hargrove. No; he said, " If yoa willpi
with me I will pay the money ;'' you said,
*' I will eo with no such Minter."
X. C. J. Did your master desire them to go
to any particular place ?
Hargravc. He said, " If they wouM go witk
him to Westminster, he would pay them Iha
money ;" but they revised and said, " they
would go with no such Minter."
X. C. J. Did yonr master propose to go to
his own lodgings P
Hargrove, Yes, when they would not M
him go there.
X. C. J. Why would he bad them have gone
to Westminster P
Hargrove. Because for fear of frigfatenin|p
his wife, she was great with child ; with greae
persuasion he got them to go to his lodging*.
Reaton. Dvd he not ask us to go to bio
lodffing?
Hargrove. I don't knew, I did not hear him.
X. C. J. You said just now with much ado
yonr noaster persuaded them to go to hjs lodg^-
mg, now you say you did not hear him sdc
them to go ; I only admonish you not so bo
too hasty in your answers, but to consider.
Who proposed goingtn your master's lodging f
Hargrove. Why my master, when they
would not go there.
Reaton. Did not I ask him to go to tfao
Cn)wii-tavern P
Hargrove. Not that I beard; I
R(«8on bid Tranter go for the attomey.
itararisllr.]
terell to go to t
X. C. J. Did
id you be
tbeCron
learTkaatararisJ
Hmrgrmve* No, I
ZWMlar. M «^
r
HQ Jor fh$ Murder of Edward LuiiereU^ esq.
♦er said, ** fetch
A.D* 1722.
TrwmJtgr, bid not i ik-is,u e tj^our iiiti^ltfr to
aarf jnm, ami bi* tatii), Damn jou, vou »lsuli
^i0r''Jimrgmv€, No, I heiird do such thing,
Ht*ter Gtrrurdswairn.
^ey Ckokirt^ Do jou tetl my ton] and tlie
jin MMi you knoir tvheinhc^ r!'^ -tints, or
«Mraf Kli«m Mrere fti Sir. Lun ^riit^s^
alvlai fmsHied lU«?re? fiegia «: u.^ L.^muiug^
flaUt. I hititi«nirJ to be id tl»« kitcheo
^mmf Dual'
Sig*C&c»4^ ^ the time and the day
BaHxf^ I doo^l IcDOW indeed, it was of a
Sirj. CA«Air0!, Do vou knoMr what naoalh ?
&»/«r. 1 don't know. Betng^ io the
liOHi I iMrard my mw^r retarn again, when
hwm \mx jait g^otiv out before ; hearing' bis
i^K I atrf>|ted to th« stairs, md wonderrd
ftiilMiiil ouHif ■"-: " 9«i*oon ; I saw hicn
NMiiB with ;i \^ \ beard him £^o up
tf^n, 1 fitftMKHJ^ .«.^, i i^eard him speak loud ;
l^AaiKMNl be was arrested , I was sur|jrjjted
Ml; ImmtA a lUtle while till he went up,
Ika I wrtti up to my mistreEs, because she
9m with ciliiifl ; I waM afroid she would be
I ( wiMfp I came up she was iu the
i|;-niyai with tnv miuiter and Mr. He^isuo,
A a liulr time she went out ot the dmiiJ|i;-
I «ato tiic lit-'d -ctiamber^ and she was ticav-
•e4 ia aoaie tiiiM; my master anil i>lr.
^m w«a in the room together, my master
aci4 irmlkcd about the room ;* I staid
wtk my ■litireta some time, and at last I
hmmA mj nsMlvr go op stairs, and he rame
4iwB inuttidblvly agam ; upon this I went
Mallie Ttmtn^ rn*- »•— -r hud two pistols, and
ke psc iknn on '>f his coat ; I asked
hm^ ** What dj i. uith tiiose pistoU? jf
^ fin wcomtfS she will he frii^hted :" Says
k% •* I «io**i di^iL'ii iti «to any hurt/' Thru
^ laid nw hv^ 1 abuseit him in the
Mfeai, «mJ cxiif I tier ; this man (potut-
^1 1» ffiwiwi) t»aa lu tlie room all the time*
Hr, Mys I, pruy lay rhmn ih^^ pistols, and he
«[»aaa4lay diiwuV uds on the taldc
m my r^aeM, and h . hi« cam*^ in hts
tel I wrnt into tht mjijiii ugnin to my mis-
tooR, aad w t^m 1 csme there she was m her
^fc* t^iuct ♦ "" yJ ^*he p)t up,
llted (be ctif^ r down OD the
%i-«Ae, and *.i^ trr^nivn. 1 pcf^uoded hfr
■K III ^ fm^blrd : Ahciwards I heard some-
'a* iJi4* door, m»m( I »i.-i»|ied out to
' io, and J
^ J Tr« liter) :
y t>mc alont; the
t'jMm thst I
>«-re was a
^ mi thm »taint tii \r%
» »1if*i**' lHuO ni 111 ;
Tui iiw iiii*uivi be if igUtwiMjd i
I heard a noise, but did not know what ft was ;
I heanl the nuise i^ row lyrreater ; J stepped
softly through the passa|fe, threw np^n the
dining^' room door, und 1 saw Uub i£ef}tleman
(puiritinjr to ReaMOu) stiibbiitg^ my master with
sM his miffht »nd tuain, and be on \m buck on
the floor, liftini^ up bis bands as if he be^K^ed
for nterey. The other baih<r had hi;* back to-
wtirds ine, staodioif by the side of my ma'iler ;
1 ran to the door and cried on t murder; then
off went lb*? uiiitoj : 1 wns fiii»h toned, for I
thought they had shot after me ; and to about
two minutes' there went off another.
Mr* Hungerfm-d* In that place where your
master was, could he come at the pistols ?
Hetter, No, my master had hts two handa
UHed up thus.
Mr. Hungerford. Had your roaster any
thing in his haudf — Hester. So,
Serj, Chahire. What condition did you
leaf e your master iu when you went out ot the
room ?
Heslcr, He was upon the grotmd on his
back| and his two hands hfted op tiius, and
Mr. Reason stabbing him when upon the
ground ; he stabbed him upon the hi\ sole,
8erj. Cheshire, I ask you, couHider, by the
oath you have taken, whether the pistul did go
off till after you had ]el\ your master, and he
was stabbiug of him ?
Hester, It was after that I saw him, within
two minutes atler, upon my crying out murder
the people came up stairs.
Reaaon. How long was this after Tranter
came? — Hester. Immediately*
Reuson. Flow long was it after Tranter cams
in befure you saw this?
Hester. Not long, all the action was not
long.
Mr. Strange* You did not observe where tlie
jiislols lay ? — Hutcr. No.
Mr, Utrange, Did you oliserfe your master
had any thin^ in his hand?
Hester* No, I dal nf»t.
L. C, J, Did you see your master when be
went (Hit in the morning ?
Hester. No, I hesrd him,
L, C. J* You saw him when he returned T
HeHer, Not tUI ho was up in the dining-
room.
L C. X Had yoor msMer any sword oo ?
Hester, I beliete he had« I did not mind.
J*. C. /. When your m sister came in and
Reason after him, v"« hrard your master tulk
of un arrest, and that you had the cunosity of
hi ariii^ whut pii^M^d betwei'o ihvni ; did you
heiir uiiy W(»rd» ut bent orpa^siun?
Hestrr. N«», my lord, I heanl iiiy master
talk somethtn^, hy which I understood my
niHSter wa»k»rTe5«ti'd.
X. t\ J, Did your mwsler ^e^-m angry ?
Hester, Yea; becnnse ihey seemed so tin*
ci%il, ibst they did nut come and give htiu
oottce of it.
Mr. i; L Y^ou wiy you ^aw your
imstrr^. »ari, csii you guess at tb«
quantity ul tV i — iia«f • No«
1
4
<
1
«
83]
8 GEORGE L Triai ffHugh Reason and Robert Tnader^ \Vk
Mr. Hungerford. Can yoa tdl for what par-
pose slie was tellinir ^lio money P
Serj. Cheshire. Did you bear Nr. Latterell
apeak to bis lady to fetcb any money P
Hester, 1 was not in the room.
Reason. Did I stay in the room by myadf
when your master went up stairs P
Hester, Yes, you did.
X. C. J. And when he came down he bad a
case of pistols P
Hester. Wiien I saw him he bad them in
his band, and when 1 insisted upon his Uyin^
tliem down, be came and laid them down on
the table by me.
Mr. Hungefford, When did jrour master die P
Hester. He died the nig^t following, 1 was
with him all the time.
TTiomas Waters the waterman sworn.
Reij. Cheshire. Thomas Waters, will you tell
my lord and the jury what you know on the
occasion of a noise and crying out murder at
Mr. Luttereirs lodging.
Waters. AIv lord, I was at the water-side
wlien capt Lutterell came down to go by
^ater, I went down to carry him, there two
men crossed over the way to him ; I was gone
down to my boat to wait for him, but he not
coming down, I came back again, and seeing
them go into the house, I went to the water-
aide, and staid there some time, and the lad
running out of the house, and crying fire,
munler, I run up, and run into the door, and
when I was about halfway up stairs, " Lord,"
says the boy, '* they are murderioff my mas-
ter ;" I run to the stair-head and heard the
pistol go off, and then said to the boy, is there
any more pistols P Then I opened the door,
and went in, and met Reason with his sword
drawn in bis hand, and as he was putting it in
it stuck.
Seij. Cheshire. Where was captain Lut-
terell P
Waters. Laid down on the floor, all in his
gore ; when I came into the room the young
man followed me in ; 1 saw one pistol lay upon
the Ubie ; Tranter was behind Reason, Rmlsou
was putting his sword into his scabbard, and
it stuck ; and as I came in Tranter shewed
nie his hand, and said. See how I am used ;
Reason was opening the door ; 1 took hold of
him and said, You must go no further, here is
murder done ; then the constable came in, and
I charged the constable with them. The cap-
tain's sword was in the middle of the room
broke, he lay on his right side with his arm on
(be chair.
Serj. Cheshire, flow far was the table off P
Waters. Tbe whole breadth of the room ;
he lay just before tbe fire-place ; 1 saw but
one puiol ; 1 came in when the last pistol
went off, and 1 met Mr. Reason, and put him
by with my hand, to o(»me into the room.
' Trcnter. What wound did you see me
have?
Waters. No more than in your hand ; he
diewedinaliishand.
X. C. J. Did it appear to you upon
on his hand, that he had receiTed a
his handP
Waters. Yes, my lord, I belieTe he was
wounded, because he shewed me his hand, and
it was bloody.
Tranter. Was my bead broke?
Waters. 1 did not see that.
X. CJ. J. When you came into the room yoa
saw bnt^ooe pistol?
Waters. 1 saw but one, and that apoo the
table, just as I came into tbe room.
X. C. J, How far from Mr. LutterdI wasitP
Waters. 1 bdicTC three yards.
L. C. J. How far ftom the priaoner, or
either of them ?
Waters. The prisoner stood by the table, as.
1 came into the room.
X. C. J. Was the sword in the scabbard tket
was broke?
Waters. It was out, and please yoo, my
lord,
X. C. J. Whose sword was it?
Waters. It must be the deceased's, becaott
tbe other bad his sword .with him in his hand
drawn. I saw the blo<id : I desired the eon*
stable to draw the sword, and I saw it bhiody
a good way.
Mr. Peters sworn.
Serj. Cfteshire. Mr. Peters, will vou tell my
lord and the jury, whether on the 17th eif
October Ust you was sent for, and by whemf
Peters. On the 17th of October kst, I
think it was in the forenoon, about 19 o'dock,
I was sent for to Tisit Mr. Lutterell ; the mee-
senger told me he lay expiring : I came into
his room, where I found him on his bed, in a
wounded condition, and hmguishing of hie *
wounds ; he seemeid desirous, that 1 would
pray to Almighty God for his soul, for he be-
lie? ed he had but a little time to cootiBue in
this world, and therefore he desired to make
tbe best use of it ; I was ready to assist him^
and desired him to consider how far he might
be instrumental in bringing this misibrtone ea
himself. I desired him to consider, that as s
dying man great weight would be laid on Us
wonb, therefore if be said any thing net
strictly true, he might iuTol? e innocent peepis
in the guilt, and the punishment: theKtbre I
desirecT him to lay his hand upon his heart and
consider.
He told me, *< As a dying man, as he ex-
pected to be tried for this very fact at the her
of heaven, as wdl as the persons who bed
injured him, he assured me he was murdered
in a barbarous manner.'** Afterwards came ia
* Concerning tbe admissibility as evidenne
in cases of murder of the dying oeclaratiotts if
tbe deceased person, Mr. East (Pleaaoftlm
Crown, c. 5, § 194), saya, •• Besides the mmA.
evidence of gnilt in general eeaei of Mem
there is one kind of evUcMe nmra nsadip*
tbe case of taueideb wUdk m ths dM^
€f the
«3]
JIft ih€ Murder of Edward LuiiereU^ wf . A- D, 1722.
mmChmn^^ a ItajIsfT in the same street, and
imawA nm to pat it home to him : I tlid ; u^Hm
whkk be iii«^e itie i!ie same nnswer, ** Tliat
W «i» kartNVtMKly mtirJerPil ;'* he ^%ttIitetl
i|gntt, or wouM liare eKt»refi^t^«) himself more
fali|r : OB Ibis 1 pmyeJ by him, udU when (
hct iUcif, and the party hy whom it was
iMiOed* £vitlence of* this sort is uitmissible
Ia Itbii Ckfle Of) the futlet^t tiecessity i for it ofttn
that llitfue is no iliiri!! perion present
m eye-witnewto the fact, and the usual
■llMaim ulher felonies, namely, the party in-
jmrihamtrH't is gotten rid of. 'But in order to
•ft far as possihlCf the purity and
of such eTideoce, it mu^t appear that
~ at the time ot making 8ucb de-
wa3 conscious of hU ijaoger ; such
being constdered as equiiralent
tolbaBBCtkvo of an oath/' [and as not greater ;
tf (be testimony upon oath of any
(mm of an attainted convict) %Ton1d not
eiit iM> neither shall hif; d^in^ de<:bra-
See George Drtimmond's Case, Oh!
Sppiember Sessions, 178i. Leaches
niCruwn Law. — Upon the same prin-
d^v il wmy be conjectured, that the dyhifz
JM^iiHiiiiiiiiiM of a {>erson, of whom it should
le ^rofvtl that at the time of makings ihcrn,
it fid bOl believe In a future slate uf moral
would not be received], '^ imd that
mmM be dis(>osed under such cir-
to belle his conscience: none at
bmd Aiy sense of rehgion. But
need not have been ex-
by Ibe deceased ; it i* enough if it
rbl he collected from circumstances, and
Comat ftre to jud^e of tht< consciousness
tit the admission of this sort of testi-
la eosfbrniity to tlits laxt position, it appears
lb«l in Mari^rel Tiuckler^s Case, Durham,
mi, (HV. £ut PL Cr, ub. Slip, from MH.
Gaold, J* md MS- Crow n Cases reserred) the
wlietber her declarations were made
m OOGSciOQsness of her dan|«er, was ujmu
aiupit* oi execution referred to the determi-
of tbe judges.
agmtii, in Thomas John's Case, Car-
8pr. Sess. 1790, (ciL £ti9t PI. Cr. ub.
M8. Buller, J,) the Court was of
thai the evidence of the stiite of tlie
wS^M bedtb at the time the declarations were
suliicient to shew that she was ac-
M| dying t and that it was to be inferretl from
ite ibe ivms conscious of her situation : and
direction was given to the jury
siabi«ct. The jory having found the
l^itiUy, this point was (among others)
|o the judges, wbo at a cootcreoce in
Ttmiy 1790, all agreed thot it ought
bo M\ to the jury to say whetht^r the
Ibooght she was dying or not ; for
be decided by the judge before be
lb* erideDce,
Asd<gttin, ID Ueorv Wdbounie^s Case^ Lin-
' " a?>3, (cit, EmI PL Cft ub.
[96
Itiid done, X took m}* leave of him,. In about
an hour afterwards I was sent for agaiu ;
when 1 came there, I met Mr. Vernon and
Mr. Uaynes, justices of the peace; one of the
justices gave Mr. Lutterell liis oath, and them
being no clerk there, desired me to take hit
sup. from MS. Bugler, J.) though at the trial
the jndge, (Aiilihurst, J.) left it to the jury to
consider, whether from the whole of the evi-
dence they were satisfied that the deceased, at
the time she made the declarations, was con*
vjneedof the dani^er of her situation, yet upon a
reference to the judges in Michaelmas Term,
1792, they all agreed, that whether the de-
Cfiiiiied thought herstlf in a dyin|f state or not,
was matter to be decided by tne judge in order
10 receive or reject. the evidence, and that that
point should not he kft to the jury.
It is not stated from what principte thin doc-
trine was deduced, which is to be regretted,
since It may li« thought that the question,
wh ether at a giTeii time a person did or did not
think that his death, was at hand^ is a luere
question of fact, perfectly distinct from any
[lomt nf law, and perfectly free from any mat»
ter ol legal inference; and accordingly in
the cose last cited, it has appeared, that at
the trial the judge left the consideration and
decision of it to the jury. 8o, too, in the Caso
of Wrlham Woodcock, who was tried at the
Old Bailey, January ^ssion^ 17B9, before Lord
Chief Baron Eyre"; present Mr* Justice Ash-
hurst, and Mr. Serjeant Adair, Recorder. (See
L^tch'sf Cases in Crow ii Law). The j udge, no*
ticing a doubt^ whether a certain examination
upon oath, taken by a uaagistrate, of the de-
cefised, was such a defiofiition as could l>e read
under the statutes of Ph. and M. eicpressed
himself as follows : '^ My judgment is, that in*
asmuch as she wa^; mortally wounded, and was
in a condition which rendered almost imme-
diate death inevitable, as she was thought by
every person about her to be dying, though li
was difficult to get from her particular ejcpla-
nations as to w hat she thought of herself and
her situation, her declarations, made under
these circumstances, ought to be considered
by a jury, as being made under t*he impressioa
of her approaching dissolution ; for resigned as
she appeared, she must have felt the hand of
death, and constdered herself as a dying wo-
n»an. 8hc continued to repeat the tacts she
disclosed, rationally and Dnifonnly, from the
moment her senses returned, umif her tongue
was no longer capable of performing its ofhce*
Declarations so made are certainly entitled to
credit; they ought therefore to he rec^^ived in
evidence : but the degree of credit to w hich
they are entitled must alwavs be a nialter for
the sober consideration of the jury, under ail
the circumstances of the C4ise."
As to the respective provinces of judges and
jurie!!, 6ee vol. 6, pp. 967. 992. BusheU^s
Case, 999. lOVi ; the modern prosecutiona
prior to the Libel Act (stat. $% O. 3, c. 60),
aad particularly the Case of Fnuicklift» *« i».
\
27]
« GEORGE I. Trial of Hugh Reason and Robert Tranter^ [28
words ia writinsf, which I did ; the words were
these ; '* The bailiffs took the pistols from my
table; they fired them twice; the fat man
drew his sword ; and run me into the bodv
with his sword; and then drew my sword,
which I broke in hi^ band, and be^ed for life ^
1731, in this Collection. See, too, vol. 8, p.
d6; vol. 11, pp. 37^, 373.
The Statatum Wallise expresses, < De Officio
Coronatoris ;' ** Eritque oflioium ejus, quod
8t<itim post(|uam ab aliquo requisitus tuerit ve*
nipudi ad videndum mortuum iuterfectum per
feloniam, vel submersuro, aut quocunque alio
modo mortuum per infortunium ; et eliam ad
videndum hominem euormitervulneraium, de
cujus vit^ desperatur ; quod statim raandabit
vicecomili vel oallivo commoti, quod venire fa-
ciat coram eo certo die et loco omnes duodecim
annorum et ultra, de vill£^ ill^ in qu& casus con-
ti^erit et de quatuor villatis propinqiiioribus, et
quod per eorum sacramentum fidelii^r, caut^
et secret^, ac diiigent^r inquiret de leloni&, de
felonibus, et eorum catallis, similiter de facto,
et de modo facti, videlicet quis fuerit culpabilis
de facto, quis de vi, et cujus modi vi, quis de
pnecepto, seu missione, quis etiam de recepta-
mento post factum, et de catallis eorundem ho-
ininum qui per inquisitionem iade culpabiles
iuventi fuerint."
<< This branch of duty" (the attendance and
summoning^ a jury in case of any person's being
so severely wounded that his life is despaired
of) ** in a coroner," says Mr. Barrington, '< is
now totally neglected, as his proceedings are
only * super visum corporis :' it is a regulation
however whiph deserves much to be revived.
And 1 should conceive that this attendance of a
coroner with a jury when a dangerous wound
had been received was to prevent the dying
words of the person murdered from being evi-
dence" [quere the precise meaning of this,]
** as this kind of proof though allowed at pre-
sent cannot be too cautiously admitted. It is
presumed indeed that the words of a person
expiring cannot but be true, considering the si-
tuation uudec which he gives the information.
But may not a dying man, though a good
Christian, deprived of expected happmess in life
by a wound received perhaps from an enemy,
rather wish his punishment more eagerly than
he should do ? and may not those about the
dying person, who are generally relations, re-
peat what he hath said more strongly on his
trial, than possibly the wortls were delivered?"
Observations on Statutom Wallie.
Concerning the admissibility, under the
Scots law, ofevidence of Dying Declarations,
I find the following passage in Mr. Hume's
* Commentaries' respecting Trial for Crimes,
▼ol. 3, pp. 237, et ug.
*' In cases of murder, oor judges have aU
ways admitted evidence of the dying declara-
tion of the deceased, even though purely verbal,
•dA sdll more if redueed into writing by toy
1 neitlier fired a pistol nor
they both run me through ;
them the money." I think
words he said. AAer this
again, and still desired, that
any thing to the charge of
made one push ;
1 offered to pay
these are the very
I praycHl by him
he would not hiy
people that were
creditable person, with respect to the manner
and guilt of his death ; justly considering that
such materia] testimony, and given on so try-
ing an occasion, is of some weight in the scale ^
ot evidence and sound reason, as a circum* '
stance and presumption of guilt, though not to
be received certainly as of equal value with aa
oath emitted before the assize. This doctrine
has the sanction of many precedents in va« •'
rious forms. In the case of William Ross, Fe- '
broary 16th, 1719, the interiocntor sustains this, <
among other articles of presumption against ^
the pannel, * And upon carrying the pannel to ^
the defunct's house, he the said defunct, whca v
on death -bed, U|M>n seeing the pannel, did do* >
dare that he the said pannel was the persoa ,«
who gave him the wound.' The libel against vj
George Donakl, August 4th and 11th, 1730, '-^
relates, ' at least at the time and place afore- 'i
said, the said deceased Robert Stewart received -i
a wound in the bell v, of which in a short space < j
he died, and upon the noise made by the firing ;.
of a pistol, one of the neighbours running in* •.
mediately into the said house, saw him the said ^j,
George Donald, with a pistol in his hand, x
which was smoking, and fire on the breast of \i
the said liobert Stewart's clothes, and havinr y
opened them, saw ane wound bleeding, ana \
beard tlie said Robert Stewart say, that he the «,
said George D«)nald had shot him.' Testimony >,
was given to this material circumstance, not* |
withstanding the opposition made to it by the <^
pannel. Indetnl, in such cases, the dying d^ 4
claration is properly a part of the fact, or story. -.,
<* The indictment of Norman Ross, mskes the ,1!
like charge in these words : ' And she being yet *.
able to speak, declared to the persons pre- ^
sent, that he, (Norman Ross) was the person ^'
who had done that bloody deed, and directed ,^
tliem to look for the knife, which was accord- ,
ingly done, and found behind the bed, besmeei^ .'
ed with blood:' And these things weut to ^
proof without objection. The like was allowed ^
in the trial of Nicolas Cockburn, August lOtb, ^*
1754, for poisoning her stepmother: A siir- '
geon who attend^ the deceased, and Mr. ?
Duudas of Amiston (afterwards lord president ^
of the court of session,) who had acted •■ n *||
justice of peace on Ihe occasion, deponed et ,
large to the account which the deceased, in her ,,^
illness, had given them, of the violent and sad* ]
den manner in which she was taken ill ; of the ^J
pannel having prepared breakfast for her ; of ^
the various shins and subterfuges which aha J
used to avoid detectiou ; and iu short, of her ^'
whole grounds of belief, that the pannel wee ^
the cause of her death. There is another ceee ^
of murder by poison, August 9th and lOlh ^
1755, that of Andrew Wilson, who was tf led ||
for poiioning lue wife ; end tlien the libel j|
B] j6r tie Murder ofEdxmrd Lutterellf esq.
i«t fnOiy : I lell him tben, «nd carne ii^abi a
Ibipi tnnVf
A.D. 1722.
f38
•nd as I wiui pruyintt by liitvu he
rtir, arift nskeil me^ W it was tiol
iciipir to FP^oeive ibe holy sacrament^ which
W «•» 4e«triMis to do: 1 asked hiin, if ever
h^ liati reerited th« ncrament ; he totd nie
l» batf t I d«^ired him to consldtTt and lo
•■Milivifi I |iyt blm into a method ; I told him
a* ikm^ which was necessary, which perhaps
%etf¥ii^like inip^atrbmenl of the piiRnel, hy
iWlRfim*! Hjwti her de*lh*bed, thus : * And
1ilar»i Ljd HI ifCj during hc^r said last
ik^ e pr&««uce and hearlogf of se-
l|eTVii^« txjftfss silrong aiiJspicions of your
jfMooed her with the said drink.* Last
f owv i»pp4*al to the noted trial of Muns^o
, Februiiry S6tb, 1770» where Mr»
r, tt«e surg^eon who itlended lord EtfUn*
«i*« hi'* flrj&lb hed« g^ave evidifnce of bis
»mtitin» wiih r(^Kp€ct to the (>ccii5ioti
ring* ibe mortnl wound »
Ligr||,t'rc)fn their nQlure.cases of murder
i trec^tietit, they lU'e not, however,
i« skIv caiw^i in which this sort of evidence
mty btVfat>)oy ed, a$ appears from what passed
h Uie Utal of J amen Mat:gTegor, Augii-,t
H 1TS3, for the aMuction and fori^ible raarry-
m^oiJema Key. After being recovered out of
A0 pattiitil*s bands, and placed with a relation
if Mr OWO4 that unfortunate young woman
Mm tbe ^th of May, of her own acijord,
MB into the presence of two of the judges (tlie
M ^^iistser-eieik aod lord Drummore,) and
W ffifal^ly related lu tbeni the story of her
Mfoififg^T wliicb was duly taken down in writ-
mff-f mmI slie had afierivards, in presence of
teCoufi, eonfirmcd and publicly adhered to
Ikii 4ecSimtiofi. But at this time &he was in
ai iftAmi aitd languishing condition, in coo-
ef Iht! ^ievuus outrages which she
foficfrd ; and she died before the libel was
tt^fwi the author of her dlhrresses. To
Mf^t therefore, as far as mii<lit be, this ma*
~ * ' 4tSkt% llie piTrteciitor Hbelled on these
of ber's, as meaning 10 prnduce
\ hf wmf of evidence in the iriaL Accord*
iiflf , mtUft bearing counsel, the Court allowed
iM IP be ii«ed as circumstances of presnmp-
!■ agttiiit the pannel ; and they were again
fnime^ Auifiist 6lb, December 97, 1753,
Hlbeinal of Robert Mae«rrt*gor, ibe associute
#laiiei ill this atrocious enterpnze.
* 4i irsiimonieiiof ihii^ sort may thus serve to
^iq|i|irfli tl>e case ag^ainst the pannelf ro may
ivf dotthtkftfa be referred to on bis [Mirt, iriih
i|Mi cralit, AS ^f^t as they are favourable to
l» ijfaici. Kucb BU appeal was made, and
f(»f», in the trial of 8nmuel Hale, a
'1 accidentally stmt hi"* comrade,
1 d, in the course of some sport
:f on between tbem. It was
e that the deceased, when sup-
hitt death -bed,
mis: ''That he
Girt
.e fr
:^
cs
liiut ^,^..«Mu^^ i^<iic, panneli knew
: fkw WIS ioAdcd, tnd tliut he free-
he might come into with relaclanee, and that
was charity and forgiving his eneraica. ] told
him be* had been hardly dealt with 1 lietieved,
)'et it did behove hiin, us he diett a Chri^iau^
to forgive them : he lold me be did lbr^''ive them^
and be hoped Almighty God at the last day
would forg-ive their indiscretion ; he died bqiho
ttme afterwards^ but th'u in so doling a condi*
tion, that f could nol attend him lo any pwryme,
ly forgave bim, and stretched forth bis baail
aod kissed hiui^ and said be believed he mean4
bitD no barm, and that the same was acci-
dental.' Hale, in consequtmce, bad a verdict of
acquittal » Though not attended with the sam^
Wtieiit la the puna el, the like eiidence iu a
written form was allowed in the trial of John
Dowuie for murder, December 12tb, 1774,
who prudiiced the dying declaration of the de-
ceased, tiiken down before witne^es, by the
minister of the parish. In one instanoe^ and I
believe in one only« a pannel had been allowed
to avail himself of a testimony of a more un-
usual kind. In the trial of Alexander Heid, m
revenue officer, for murder, March 15ih^ 17fti*
be founder] on the decliiration betiire a tuai^is-
trate, of John Faiquharson, also a revenue
officer, and one of the same party, wh4> had
likevtise been accused of the murder, but was
DOW deaiL But this of allowing a deceajed
culprit indirectly to s;ivc evidence for another
culprit on his trial, cannot be considered any
otherwise than aa an exii anrdiLtary indulgence,
which vva.s owing only to the lord advocate's
crnii^ent, given on account of the particular cir-
cumstances of the case/'
] n Aveson v. lord Kinnaird, d East 1Q8> it
v,3ih held that in an action by the husband upon
a policy of insuianee on the life of his wife^
made by her when lying in bed apparently ill,
stating the bad state of her health at the period
of her going to M {whilher slie went a fe*r
days before, in order to be examineil by a sur-
geon, and to get a certificate from him of good
health preparatory to making the insurance)
down to that time, and her apprehensions that
she could not live ten day? longer, by %vhich
time the policy was to be returned, are admis*
Bible in evidence to shew her own opinion, who
best knew the fact of the ill state of her health
at the time of effecting the policy^ which was
on a day intervening between the time of her
going to M- -, and the day on which such
declarations were made : and particularly after
the plaintiff had called the surgeon as a wit-
ness, to prove that she was in a good state of
beahh, when examined by bim at M- ; bis
jutlgment being formed m part from the salb-
factory answers given by her to his enqniries.
And in the same case, lord Ellen borough
mentioned a case of an action upon a l^ond, in
which Mr. Justice Heath permitted evidence
to lie received, that the attesting witness l»ad in
his dying momeota^egged pardon of heaven
for having been concern^ in forging the bond*
See, also, Wright v. Littler^ 0urrow, 1565,
'cited by lord Ellenborough,
8 GEOHGE I. Trial n/Hugh Reason and Rohtrt Tranter,
Mr. Hunger ford. Did be siy toy thing-
I'iibotit wbo Bred the piblol ?
Fetert. i meniioneil k to liim ; wl»rii I
[ttikerl him, if he had Bred either ol llie ptHU«ls%
1 1 tuhl hiinoneof the iiaihff^ viii« uoundiil,
(ant) that there were ifvo hnlls takni out of hh
lliarid ; he assiured me, as he vfnA a dvitig mati,
, lie fired uf tther of liw pisiol-t.
Heusoft* Did not he confess that he bad
binike CHIP of their headts ?
ttUrg, No, he did not say be broke one of
freir heads, nor dti y thiii^jf hkt- it ; «o far from
that, that he said he did not deujg'u to hurt a
buir of their heiids.
L,C J. I ihiok, Mr, Peters, you Ray, when
r^ou came there you met uiih two justicei of
T'the peace, Mr, Vtinon and Mr. Htiynei!, and
pt>ecau!»e they hid no rli-rk there, they (Jeairetl
70U t<» take the esuioiinaitoii.
Pet en. Yea, my ioi-d, t diil lake it.
8erj. Chahire, My l*>f*l, I ajiprebendei! we
^hid it ready to prodace, or else 1 hud not
ned it ; but upon my caltio*' for it, I am
Kiold, to my surprise, that Mr. Veruoa hath it,
■snd be tn gmw intn the country.
Fettru, i hare a copy of il.
i, C- J. We must have the orii^naU
PeUrt, My lord, there ia a copy of it in my
^onition before the coroner.
L* C* J, la Mr. Haynesheref
Mr. Haynet called.
L. C* J. You have g^iven an accoutit of the
E^xamltialioti of this gentleman, first before the
IcHergyman, at\crwarfis bt^fore two justices of
the peace, hi^ examination is taken and reduced
into writing, and if it was reduced into writing*",
by tlie rule of law, ufile?i8 yon shew you are
ditiabled to do it by aouie accident or other, you
iDU^t produce that \t riling^.
Mr. Reeve. I am very much surprised^ I ap-
^prebeiided they had the writing ready in Court
'to produce. My lord, Mr. Elaynea will inform
you.
Mr Hflj^tief sworn,
X. C. X Mr, HavEies, we have been in-
brmed by that geottemao that stands before
^ you, the [oifiister, that upon hearing of this
uuhuppy accident, you and one of your bre-
threu, Mr. Vernon, came there in order to en-
quire itiio the matter, and lake the examiiiaiion
of the prijiooera ; did you do it ?
Ha\/nes. My lord, on the 17lh of October
last, the pri»oner0 at the bar were brought be-
Ijie me, and charged with the murder of Mr.
Lutterell ; 1 undenttood Mr. Luiterell was not
' actually dead, so Mr. Vernon, another justice
of the peace, went with me to Mr. Lutterell '■
lodging, and there we found him in a WQiry
weak condition, but iiensibtc ; \^c adminiitereil
the oath, to order to take the information in
form ; Mr. Vernon and the mininter were
lb ere ; my bearing not h^nic ^ood, Mr. Ver-
•CD exammeii him i but before they could per-
feet bis examination in lorm be fainted away,
Mffd ctfold not g9 9u : Ibeii we went to my
hou^e, where the prisoni^rs were, and exa-
mined them^ and afterwards committed them.
What the deceased said to Mr, Vernon and the
trunistpr 1 did uot hear, so can give on
count of it.
]%tr. lieete. B%d you a paper taken ?
Httytirt. There was a paper taken, but J
was iiupertect.
Mr. Keete. And 1 think that is not in ya
custody, had you the paper ?
Htij/ttrs. No, I httd it not,
Mr. Reevf. Do you know where it is ?
Jlui^nti. No« 1 do not.
Peters, I jfQve it to Mr. Vernon, and
tainetl it of him to shew the coroner, and 1
terward>i 1 |^ve it him again ; 1 took acapy'
of it.
L, C, /, The copy you took is from ihm
pajier produced to the coroner.
Mr. Hecre, You were examined before th#
coroner ?
Fcten. I brought the original paper to the
coroner.
Mr. Ki'rre. Whether that, which ia me
tioned in your affiilavit betore the coroner, '
a copy from iheorig'inal paperf-*Pc:<rrf.
Mr* Rerrc And did you examine it ?
Pfietx. Yes-
X. C. J. We must have the original.
Mr. Httngerford, We hope we may Hal
liberty tu read the deposition taken before the
coroner, if what the gentleman says be so ; he
saw the examination taken in the presence ef
the justices of the peace, and the very paper«
the ^\ord» of the paper, are containei] m the
deposition taken before the corouer.
L. C* X That won*t do, you have not tite
examination of the deceased. This is ill done
of Mr. Vernon, he on};ht to have taken care^
and attended here, and had the examinatiOQ
before the Court, and without that we caniiot
arrire at the truth of this case ; I doabt yen
must tav aside all the evidence of this gen*
tieman tor want of t}ie original examination.
Mr. R^eve. We must stihmit it to your lord*
shipf as to the oonfesaiou, that part of it that
is not contained in the examination^ which was
not proposed to him at the time of liis exami-
nation, whether that is not evidence; there are
two or three things he gives an account of, that
he said before it was reduced into writing. Bui
suppose we cannot have the beneBt of the exa-
mine] ti on, yet the discourse that was had with
the deceasied at another time, whether we may
uot be admitted to give that in evidence, we
must Rubmit it to your hirdship. But suppose
no examination hud l^een tuken, we humbly
apprehend what he said wouhl be proper to lay
betore the jury. Therefore when he gives an
account of what be suid at another time tbaia
that of his examiiintion, though we cannol
produce what he suid at the time of hia exami-
nation, yet we may give in evidence what he
said at other times. There were two ftiher
limes which be gives an account of, Ihe tirst
was, wheu he was sent tor to pray by bim,
and one Church ctme in; be theu declared tm
SS] Jbr the 'Murder of Edward Luiierdlf esq*
dying man, he was barba-
tke vorda of a
nuriy murdere«!.
L. C. J. Vnu IcDow in the codrt of Chan-
ecrr, when the party » examined on his oath,
he ei%C9> id a first answer ; anil on exceptions
tikfD tfi it, be i^veM in a scicond, and so a third ;
ill ibe<c are taken but as one answer and entire
cni'eaHsioa nl the party.
Nr. R/ere. Here is not an examination he-
fon- 1 proper officer.
L C- J. Y'cni are to be heard no more to it,
hicv>« %ou ou|j;'ht to produce it.
St. Rtcve. 1 am sure it is a surprize on all
Mr. Hungerford. As to us, we ha?e the very
flKJ««»:tiu in our brief, and I believe, if we
k*l I <vii<rht it cToiihi not have been produced,
veihrt'iHl n'lt have opened it.
L C. J. And there is to<» an examination in
fBi; that oiK^ht not to be, and the person
lbi«/l it uij(*ht to be censured ; are juries to
hi prfjnssie^isiiti ; here is a priuted pamphlet,
vk^ the title is, Mr. LuttereH's Cry for
JiMice.
Mr. Hunger firrd, I never saw it, but am
liU h i*i luu&c in favour of the prisoners at
Skew.
L C.J. If the examination is true, it ought
li ^ pTixluced, and the prisoners oui;ht to
CDnef^iriy to their trial, and, if guilly, God
fcriul but they should suffer, but not by pas -
■■aie insinuations in print ; and it is an uu-
IMerdeQitrd thing, and if it comes out who did
^l«liaUtake a course with them: it is a
Hi of preveniini; all manner ot justice.
ftr Hatifierford. No doubt it is a very nn-
Ktbinj^, aiiil unuarrantahic, no more to be
tlian otlicers are, vilien, under the
ar of J4jfttii*e, iliey shall murder a gentle-
I at his own IcMiginsif : htit as to the case in
ery, fiist, scctMid, hikI lliinl answers are
Ik out* answer. I »p(uk it with all deference,
VfceUier that be the same case, I he uonis that
hsdid ddi%er at oilier times, W\\v\\ the jiislires
Mc not present, whoii he was a dying person
a ihr brink of eternity, and then said the
■Be words ; and now this paper cannot be
pndocH, whether the words of the jiapcr may
Mlbeaihuitted as evidence, we huTubly suhniit
llli your lordship; and we ht-lievc the wit-
Wami wiJI give vuii an account of what he
ttiiat«Mher jierioils of lime, when there was
•i Oauiinatioii in writing, which was only
^km the justicfss attended.
Im C. J. Give an account how it conies to
fn^ that }ou have not this cxuininatiou to
, that was in ^iritinji^ ?
Mr. 3/z7cAc// sworn.
Mr. Rerve. Will von give an account of this
C,aiid wlieiher there hnii heen any appli-
made to get it, and why it is noi here?
'%cAfi/ 1 calle<l at Mr. V rrnun's. hut they
■t be was ^one into the country, and he
M ftjud any one place, which he iMit du-
hay 4td noi know w here to send to him.
tSm J, Here is a printed narraiire goes
XVI.
A. D. 1722. [34
Do you know who was tha
about the town,
author of that ?
Mitchell. No, my lord, we have been en-
quiring in order to prosecute the person ; I
have asked the widow, and Mr. Keat her ne-
phew, and they say, they know nothing of it.
Mr. Hun^erford. It sots out with this fact,
that the deceased struck first ; anil if so, it is
very reasonable to suppose, that this paper was
done rather in favour ot the prisoners at the bar,
than of the prosecutors.
L. C. J. The justice of peace that had not
the examination doth appear, but he that hath
it is out of the way. Mr. Peters, how many
times was you with the deceased ?
Peters. Three times; at 12 o'clock, about
an hour afler, and about an hour after that, the
third time.
L. C. J. When was it you retluced what
he said into writing?
Peters. The second time ; the third time I
administered the sacrament.
L. C. J. And when you examined him the
first time, and afterwards a second and third
time, the design of that was to perfect the exa-
mination which you took the lirst time, and
then it is all of a piece.
Mr. Hungerford, My lord, the third exami-
nation was atler tli^ taking any thing in writ-
ing ; when he took the sacrament on the so-
lemn occasion, he declared, &c.
Just. Powis. The last examination, there-
fore, was an advice to a forgiving temper.
Just. Elf re. Mr. Peters should declare what
he said the first and third time.
Peters. I pressed him to consider and recol-
lect whether what he had said was true ; he
said it was.
Just. Ej/rc. What did he say the first time ?
Pe/ers. The first time he told me, ** he was
barbarously murdered :" As I told you before,
there came in one Church a bailiff, and then T
put him to conhider, whether he was not ac-
cessary to his own mislorlune ; to \a !iich he rc-
turneclthe same answer, " Thai he was harhar-
oiiiily murdered, that he did not draw his sword,
nor fii-e his pistol."
L. C. J. Did you ask him about any blow,
or provocation ufivtn ?
Pctcjs. I a-ki»d him, to which he said, " lie
did not design to touch a hair of thefr heads."
J-.. C. J. I must coi.fcs*;, for my prirl, 1 am
not cntirt'iy snlisficd: Mr. IVlns at his first
coming exainin's him, ainlaf'i^r ili^t ho ('(^urs
to liini a second time, ami then h- U »xnn!ined
in the presence of two ju-?tices of the peace,
and hy their aulliority ; and he sovstiu' inlunt
of that was to perftct the first txr»!nin?.!inn ;
and beintj socxannned a si.Tond liuio, his r\a-
mination is takon in wilting; wlu'lljor rr no
the first and second do not make an entire exa-
mination, and so that ym cannot pn»d»u'f the
fnvst without tho seroi'.d ; 1 ujake no dfMibt
it nii;;ht he prodncrd, if tlierc Ind not lieen u
second; hut hi' that t xaniinrs liini fir-.t, exa-
mines him afterwards a second iImv, in (»«ler
to j)erfect that examinution yuud when he doth
D
8 GEORGE I. Trktt of Hugh Reason and Robert Tranter, [S8
mioation. Now, really, when all this is done^
the examination of him before the justice, tdcen
in writing by the san)e person that enquired
of him before, and all this done in order to per-
fect and consummate the examination, whether
jrou will not take them both together as one en*-
tire account gi?en by the dec^sed ? He gives
the account, he gives it as true in the presence
of the justice ; they were not present the first
time, but the same person that asked him the
first time, iie asks him when the justices wera
there, if what he said before was true, and on
that an account is taken in wnting : now apon
this, wiienthereisan examination in writing in-
the presence of the same person, and « hen they
give you no reasonable excuse why they Jo
not produce it, there ought to be the less cre-
dit given to them.
Just. £yrf. 1 think there is the less credit
given, because the examination is not pnMlucedg
however it is evidence.
Just. PowU. If they were both of equal vali-
dity you say something, but it is confessed on
all hands, that the second examination wm
more solemn and valid, because two justices of
the fieace were prevent, and there was the awe
of magistracy over the person ; and the second
examiuation relates to the first.
Just Fortcsctie. It is a hard case on the
Erisoners at the bar ; it is the confession of Hr«
iUtterell, and if they had that in evidence,
they might be compared togetlier; but they
not having that, I own, as to point of law, they
cannot give it in evidence : it b a great hard-
ship, but where it lies 1 cannot tell ; I think it
ought to be censured in a proper time. The
most material of what is said by word of month
is detained from us, and not produced ; but I
think we should allow what was said at other
times to be given in evidence, because the first
is no examination, because no justice of peace
then present ; so that the examination standf
distinctly by itself, and that evidence is to be
laid aside and not produced ; but shall we not
allow that to be evidence which he said at other
times, because he had an examination taken in
writing ? Therefore we shall hear no other
evidence, thef first was no examination, only
what Mr. Peters will take upon him to say
passed between them.
X. C. J. Go on with your evidence,
llr. Uungerjord, There can be no doubt of
the third declaration ; mv lord, the third exa-
mination was certainly the most honest exa«
mination ; as to the second examination, it had
the solemnity of two justices of the peace, one
happens to oe deaf, the other to be absent ;
whether what a man says just an he is going to
die, and on his receiving the holy sacramenti
is not to be regarded ?
Just Ej/re, He should distinguish between
what passed in the first discourse, without any
rtprh to what is contained in the second exa^
S3]
it, it IS reduced into writing: to me it seems a
matter of great consequence, if the first is al-
lowed without producing the second.
Ju^t. Ejfre, It cannot properly be called an
examination.
Mr. Hungerford. The first time he exa-
mined him as a christian, as a minister ; as to
Ihe second examination, Mr. Peters had no
more to do in it than a justice's clerk.
£. C. J. The examiuation uken before the
justice, was to confirm the former examination,
and upon that examination all was reduced into
writing.
Just. Eyre, That which is set down in writ-
ing if it be an examination taken in writing, of a
pnsoner before ajustice of the fieace, you cannot
give evidence of that examination viva voce,
unless the examination be lost; but what de-
claration or coni'ession was made at any other
time, may be given in evidence ; the particu-
lar exaiuinatiou of what he said before the jus-
tices, and was reduced into writing, cannot be
proved but by that writing ; but as to what he
said at any other time, the first and third time,
and not l)efore the magistrates, that may be
given in evidence.
Just. PowU. The great matter I observe is,
that Mr. Peters did say, he did look upon the
second examination to perfect the first, the first
was not so perfect, and then it was to be ascer-
tained by a second, and which they not caring
to trust to their memory put into writing ; that
writing indeed the justice of peace hatn ; it is
not produced, but if it be agreed that it was put
into writing, and after it was reduced into writ-
ing, it seemed to be all of a piece, so as plainly
to relate to what was done the time before, how
will they ascertain the whole, but by producing
the writing ? Then this writing caunot be seen,
tliejustice of peace hath it, and doth not come
here to produce it.
Just El/re, I do not know how to call this
perfecting the former examination, Tou cannot
call the discourse between him and Mr. Peters,
an examination, when there was no justice of
peace present ; it is not an examination what
passed between Mr. Peters and this gentleman.
It is always taken so at die Old HaiTey, where
evidence is allowed to be given viva voce^ of
what was said by people at other times besides
the time of examination.
Just Powii. What doth Mr. Petenmean by
peHectiug the examination ?
Peters. I beg your pardon, it was not my
' L.C.J. Not to differ about words, whether
this is an examination before the minister, when
the justices of peace was not there ; it is very
likely this minister came to enquire of this gen-
deman alwut the circumstances of his death :
after that, the same gentleman is present when
the justices of peace come ; thereupon the jus-
tices of peace desire him to take it in writing ;
be asks the same ouesfions as be did before,
and they are taken m writing ; be lakaa it, de<
iigning to make the firrt en '
tlMtttie to cbarije Ibe penen
Mr. Regte, Hr. Peters, yon hear the opi*'
BkM of the Court, that what paMK*d at the wrfl^
byef lUe payer yov vanst not lake any aotioe'
fir iAe Murder of Edward LuUtreU^ esq. A. D, 1722L
iC ^ i^re an aocoant of wbat passed at any
' ' ' ' ' 'ip before, I was
: time, ^lieti I
• Mtier I hrt<J ittlked
im in mind ofifeaih,
'" ' ■" tar Ue lia'J been
iry to bring^ tliis
.,.: .anl, ** As lie was
'I to be jtuJtjf'l at tlu^
Ijim barbarous*!),"* I
o^Hiii at tbo rccjiiest ofMr,
nrul tbe taM lime I came to
il ibc «iacramcnL
' rs, I dpfsire you to consi-
^sk him \vbether
i^r
ttilc him if be had g'iven
^ I K li be answered, ** Oe
ration,
i ubo giiTe the 6r8t
^^, i ij,A not*
Yo^u see the wound ; did be
u), it appears one of the
u the hoiid, aud it is pro<
rsoQ ill at diicharged that
li« avsured me» *' lie fired
1 "4 ; he tieilber drew bis
jtfof tbepistob.^*
tu 3 on bod this discourse with
luce itiulo writings?
i. ^> bill 1 reduced into wriiingf, waa
\y dr|90i»itii)fi, wbicb I writ wtili my
vi which Mr, Jiislice Hwrper
um to, and 1 Ijeliefe he hath it iu his
L,C.J. Here i\m gentteman b allowed to
^f an aoccniut of what discourse passed be*
^fmm biia and Mr* Luttefeli tite first time ; the
^Aet of pc«i3e caonot be allowed Co give an
•aaova ■( what it itaid at \m other examtna-
ia^ W-*^rja^ Tl waa reduced into writing, aad
ttsi ' 1 not be produced.
%' i begyou would (jirean account
vW*i i^c ciatd alany oUiertime, when this paper
» ooc wriiltfD ? wh#-n you talked wirli him
V ho said, " Ttie bai*
CM' ipr him without any
ihiii fit Kill), <' Uf fj^\ e them no
j" mad whojj \ou aski t| him about
iWaMi tKat ooc of Uie' bmliHs bad, he said,
"^b fiiTil oeilber of Ihu pUtolii, nor drew tirs
•■tl;*^ I 4iiire to isnow at any other tin^e,
i^i^cr llMflr waa any itnuLr muteri;}! pas!ii?d
ia»tM jtiq St any other time ihuti at that
^a^boa tlie |iaii«' was wrote; Cao you re-
LiXJ, Yo^ tTiaeounied him three limes,
Ai %ai fou Jiare tpvcti ^ iccoutit of« the se-
iH4 tin« tt waa reduced into wlttlrl^^ thnt
I Vi^^i do<h nnrt appear ; what passed the tlitrd
mill again f
Iptii^ to r6eeif a the holj
1 iP^HE^ of ium to coQiidior wbe*
ther what he had said was true: be aaid
** Every article he had said, as he was a tlyiu^
man, and as he hoped to receive btneiit by the
sacrameol, every thing lie liad said, was »lrictly
true/'
Mr* Ueeve, We shall trotihle your lordship
with one evidence more, tliat 19 the fiurireoti,
who will give you ao account of his wounds.
Mr. Spar ham sworn.
Mr. Hecve. I think you was sent for as a
surgeon ; gire an account in what condition
you found the deceased, how many wounds,
and of what nature ?
Sparham, 1 found hitn lahounucf with a
wound under the rig^ht psip with a shot ; upoa
this 1 examined him, and pu(lioi( him into a
proper poslui-e, found several other wounds :
one near the hver, the lower part of the eighth
rib, near the Imck-bone ; several <»ther wounds
with a aword^ three or four on his bttly^ Upon
opening of his body I found that the wound
with the bullet bad penetrated about nioeihchea
towards the back, wliich wound was mortal,
the 6rst to be of the lun«ri^ having a hole
through, and the second to be torn, and the
diapbrag^ma wounded : J found one other
wound with a sword near the i^ighlb hb^ threa
inchesandahalfbroad, penetrating the thoraX,
and wounding the diaphra^mn, which wai
also mortal : I found eight other wounds with
a sword about a quarter M^ an inch wiile each,
and a quarter of an inch deep, one near tha
left pap, four others on the rii,'ht siile of tha
belly, two more on each side the Uack bone.
Mr. Heeve, So you lofiked upon two of tha
wounds to be mortj, one whereof was with tha
pi & to I -shot.
Sparham. Yes; f saw two leaden piecea
taken out of his bod y.
Mr. Slrtiuge, Vtho attended at the sama
timef — Sparhtim. Mr. Giffonl.
Mr. Strange, Did he or you take out tht^ia
bullets?
Spnrham. We both took them out, I think.
Mr. Heevt, My lord, we have done.
L,C,J. Wh.it say Uie prisoners? Tht
counsel for the king have called w hat witnesses
I hey thiuk proper, it is now your time toan^
awer for yourselve*.
Reagan. If your lordship please, we ar*
rested the ifentleman in Surry *atrtct, and ha
desired me to ^o to his lodging; when wa
came there, h« said he woidd pay the monev ;
Bays he, ** Go and aee for tlie attorney, and I
will pay tlie money ;** ujwn that Tranter w enl
to the iitloroey for his bill ; I went up stairs
with the gentleman into the diuingroom;
when became up, savs he, ** My dear, I am
arresteil, it is tor Mr. ^os's bill.*" He began
to look a little angry : with that he went to hia
scrulore aud took ^methinf^ out of it, a kev^
and he went up status and fetched his ptatoui|
aud when he came dowit again, lie clapj^ una
to inv breast, and ihrcateneil to shoot me ; J
room:
4
uqirtaed
\ lady
witb liiai 1 gtft bioi good words & says h«i
39]
8 GEORGE I. Trial of Hugh Reason and Robert Tranter^ [40
<t Sirrah, f will let you life a little till your
partner comes back, and then I will send all
3'our souls to hcU tuf^etlier :" then the foot- boy
came back and said, the gentleman was com-
ing ; be ordered the boy out of the ro«m, and
Lucas. I was opposite to the captain's lodg-
ing in Surrey -street, in a room up two pair of
stairs , and 1 lieard a pistol go off, upon that 1
went to the window, and I saw a lusty fat man
take a pistol out of the window in the captain's
one knocked at the dimr ; when the boy was I lodging up one pair of stairs, and let ii off to<
cone, he clappctl his pistols, one on one side of
Lis bosom, and the other on the other, and my
Eartiier came, and when he came into the room
e gave him a blow over the head ; with that
he I'losfil in with him, and then one of the
Sistols went oft* and wounded him ; then he
rew his swonl, and I drew mine, and then the
other pistol went off, which was the oocasion
of his death.
L. C. J. Have you any witnesses f
Mr. Tloine sworn.
Th;in€, My lord, I was employed by the
plaintiff, Mr. Carr, to take out a writ aurainst
Mr. Lutterell, on an indorseil note ; I did take
out a writ and gave it to Mr. Reason, and he
got the warrant upon it, and allerwards came
to me, and desired to know \%\\vre Mr. Lutte-
rell was to bo found, and that 1 would describe
him to him, whether younir or old, &c. ? I told
luin where to go, and descrilknl him to them ;
then they wi^nt and arrested him, and after he
was arr«»led Tranter came to me, and told me
the next morning, they had taken the captain :
they said they took huu at the lower end of
Surrey street, and that he was very angry, and
said they had not used him civilly.
L. C*J. What Tranter said, is not eri<lence.
Tuitie. I know no more, my lurtl ; Tranter
came to mo for the bill, and I gave him a bill
of the (Ubt and charges.
JL. C. J. Did you ^ivc the bill of the debt
and cliarjjes to 'IVanter f
Tu iue. 1 did ; ho told me thev had just taken
the iMptain, and then I gave itliim ; the bill of
clmn:es was 1/. 135.
BIr. n.iif sworn. The warrant shewn to him.
Tiirs. This is the warrant made out upon
the bill of IMi.I.lJost^x, at the bui! of Mr. Carr,
to arrest the d«rcask'd. [The warrant read,
and aI>o the bill of Middlesex produced and
read.]
Nr. llu-kman sworn, and the warrant shewn to
him.
IIick*nan. Tliis I know to be my hand, I
made oui this warrant all of it.
]Mr. Hutii:trfWJ. 1 would hunibly ofiVr it to
vour lordsliib's observu lion, hero is' a fact we
have omitted to pn>ve; hvre is a witness in .-
court, one Lucas, can prove that Reason shot 1 c«l.'' ( was there airain, when Jlr. Peten
off the pistol. j iri^xc him the saorament. when he wuk ask«d
X. r. J. It is irresrulnr ; hut aUlioucrh you i ihr same quiH^iion ; he then answetvd, '* Hm
have otiiiitetl it. and come oni of time. I would ' nciiher did the one or the oihi r.*' In the afto^
have the w hole fact, and if my brothers please; ni««tn .Mr. Kvat and 1 went togtrther. be was
:•! 1 ^j^^^^ .^ ^ ^1^^ state. serme«l rra»onabIe, and wm
a^ked him, " i^r, \ou can give some acroqat
of this matter, vouriwon and judgmenii
wards the (ire- side.
Mr. Strange, Do 3'ou know Mr. Lutterell f
Lucas. Yes.
Mr. Strange. Can you take upon you to say
it was not Mr. Lutterell ?
Lucas. Yes, I am sure it was not he.
L. C. J. When you saw a lusty fat man take
a pistol off from the window, and discharge it,
was any body by him at that time ?
Lucas. Nobody that I saw.
L. C. J. What sort of man was Mr. Lutterdlf
Lucas. He was a little roan.
One of the Jury. Was tliere any light in
that room to distinguish one man from ano«
ther?
L. C. J. What she said was, she saw a luity
fat man come to the window, and take up a
iiistol, and dischai^ it, and that she saw no-
body else at the w indow.
Mr. Hungerford. The coroner's inquest
came into this room, and was satisfied, that
from thence she might see into this window.
Mr. afford the surgeon sworn.
afford. On Tuesday the 17th of October
last, about ten or eleven o'clock, 1 was sent for
to a ircntleman, Mr. Lutterell : when I came
to him, I found him sitting on a chair, and he
leaned back with his shirt and clothes rery
bloody ; Mr. Sparham was with him, in ordor
tu look to his wound ; we put him to bed, we
found a wound about an inch below the right
pap, by gun or pistol iihot, and we dreasee it,
iind all the other wounds we could find ; I went
into the parlour, and there were the two priso«
ners at tiie bar ; 1 was told one of them wai
wounded ; u|Hin that I went to examine into it :
upon cominir into the |tarlour 1 examined Tran-
ter, and then' 1 found t%vn pieces of balls which
were Iodised in his hand ; we extracted the
bulls ; I found a small w nund in bis wrist, and
a razure on his head ; that was a small woand
w hirh was on the wrist ; it seemed to be from
a prick, something that had entered the akin.
Then I went to .Mr Lutiertll again, as he was
in a !;t)od state of sense : I asked >lr. Lutterell,
" W hetlitr he had tire«l a pistol ?'* I asked him
several times ; he dt- nieil it a tins, second and
thinl time, and he used this expression, " I caQ
God to witness, i neither fired a pistol, nor
drew mv sword, but was barbarouslf murder-
we will hear it.
Constance Lucas swore.
Mrs.^ LiMM^ what do yea
BIr. HuRgerfard.
kwwrof^- -' - ^
atraog; 1
ikei&toh
I have heard thai yoa fetched dowa
hetoUve,«*Uehad.biit
A. D* 1725.
he would not be
toif^iog*/' 1 iiskeil biro, ** If
u> i%eo:" be 8n|d, "Thej?
Ill le lnntftm«fc, flitch in-
U» jtfiikr iiue or iheni ; upon that
Art wifiliif^lr Bcixcii htm, the luiit y uiun
M*»t lifii vitl drcff his sword i he tumbled
4iP«, tBii hm •U^ibcd bitn ; he often ^nej^i^ed
Iktm In i|«rc him lite ; the other said, Dtimo
litt%4i^ ya own Bword ond «tab him.'* nir.
LiHttAiiiger aoJ thumb were cut^ as if it
^mwdk^^wmpkxi^ of a Kwoni. Tben be iiaiil,
**1W Mrr niAfi look a (li&tid aod clappi^d it
dbrlihift fanaist^ sind shot him in tht^ Ijody,
lovty axon h«!d the other pistol to his
" * H off;** v^hicb I the ruber be-
[hiumi be lud some ^lowder spots or
t m liM f»ce.
lie owned to you th&t he struck one
Ye* ; bat tl was apoo your giving
Wiieo yoa ftskcil him ibont brrng'-
I tiie piston, and ttpoii wh&t accouotf
be?
019 ar! I T V^ed he brooffht dowu
Imk ^^ litnteDt; but as he
to p^j "i= .i^L4S, be was not wil-
* oat of his lodjjuig, and be ex-
Mr, B&nner twm-n.
My lord, jo«it 115 Mr. Lutterell was
' Oittie up HtAtrN, ftod linked hiiUf if
■IIm p*t«tol ; he disowned it, aiid
l»o design to dutbem any barm^
*mn^ u e^ but,'* BHid he, "llu'y
:id cruelly."
&wp«, Afier tUiit he hod declared to you
hn km ba4 no design to make any resijtiiuce,
*mi lio'iiDwrd f
^^atr, Uhea I cameotitof the room f says
.Giibrd l« loe, *' Mr. Bonner, Mr, Tranler
\ \m tb# bJind ; it is cerifiin Mr, Lutterel)
t hmm in thr band ; therdore lt?t nt ^rn buck
l«ak him;'* we weot and a^kt-d biui both
€m>^m4 h* •^if. ** Nm. ah ImhI slcnild judjtre
,bf4i! tl of doing
B Oil L I tbem aie-
.'- Hi: «poke luwiiidly nnd ni^cfmed
ami •frstntt ivp wuutd leare hifiK
I*lr« notice that my nart*
\m ih, ul.
, lijr lord, 1 Uiivt lott the uteof my
^'Uke the aurgeoo bwoto.
Alj lonl, M- r *rr waa wounded
' of ibe ». nod in his UiX
-*» ^'" ' ^ !iil uottdce
his head T
I cane.
ii or a iiruiHe ?
kt0 WA« broke. Mr.
i ktd m &ii4li> wiioiid ill ona of hia ^igera^
[it
whicb seemed to ht done with the point of a
sword.
Thom<is Hargrove called again*
L. C. J, Hark you, young mao, hear the
qaeslioOf and coDstder well ; iipcm your former
examination you K!iy» wheu Trunter knocked
nt the door, you went down to let him iu ; that
Tranter made up to the dining-room, and you
followed bim ; you heard a Uttle buKtIe befonc
yim came in ; but the first thing you saw,
when you came, was Tranter runnmg your
m:i^ter agiiinst the cloiiet door^ and Reasioa
pricking him wilh a sword: I ask you thi*
rjue^itiou, wlietbi-r or no, when you was going
u|) stairs after Tranter, before you entered the
room, you did niit hear a blow r
Hargrtive, 1 beard a blow, but did not know
who struck it.
Just. Etfre. Did you see to whom the blow
was given ?
Harerave, No, J saw nothing at all of it.
L, C. J: The reason of my calling bira again,
was to be ^^atisified as to this particular j lor the
coroner inrorms me, that betore him, he bad
stTore to the ^ame effect ; be answered hastily
before, but 1 bcliefe not with any design ; he
said hf did nut ht^ar any blow, his nieaniog
then might be, though he did hear a blow, yet
not seeing who t;ave it, tlierefore he thought it
not material ; f did not heUe? e he did it with
any dt^sign.
L C. X Have you any other witnesses?
Rtaton. My lord, we had none hut ourselreSp
we are officers of the Court -, lie assaulted us,
and hnjught down his pistols and slock theQUO
his bosom.
L C. X Did he not afler wards take them
out and lay them on the table ?
ReaiOH, No, my lord.
Tranter, While J was gone, I did not kno%r
whfit bapi^ened, hiit vthen I came back, the mi-
nute I entered the room be struck me over the
head with his cane, and the pistol weatoff", and
shot me in the haud«
The clothes were protluced, and by the hole
in the waistcoat it appeared ^ that the wound
{fiven by the pifitol uuder the right pap could
oo way happen by any position of the pi>»tots in
thel>u4iomof the deceased, by the pistol going
off of itself.
Reason, My lord, we are officers of the
Court, and what we did was for our own ae*
curity.
L, C\ X What says Tranter P
2\an(€r, My lord, we have no more to lay*
Mr. Reeve. My lord, I beg leate to observe
a few thitigg by w;«y of reply. They have en-
dtriif oured to differ the case with respect to
three (»articulars ; the first jwrtii-ular is with
relation to the blow girt* n by Mr. Lutterelt i
they siy Mr. Lulterell himscif being pressed
f€ry much^ did own that he had gikcn owe of
the badilTs a blow on the head ; there appeara
Ueaion Iu think that to bo true, because the
surgeon says be dreaaed him of a wotiad re*
I
A3] S GEORGE I. Trial of Hugh Reason and Robert Tranter, [44
X. C. /. Is ill languafj^e a justification for
Mows? Besides vou will riiusifler, whether
there was not ill ianf^iiage on the other siJe.
Mr. Hungetford. Mv lord, I will not take up
much of your lordshipVs time, if your lordship
will spare nne a word or two. Here is a man'f
life taken away by two persons, that bad a
precept from a court of justice to arrest, the
only ihiug thev bad to do, was to secure tha
person, to make him answerable to jastioe.
whether that could not be done without this
outrage ? Whether officers of justice may exe-
cute their process with so much cruelty P It
amounts to as great premeditated malice as cao
be conceived. There is a malice contained in
cruelty; I need not mention the matter; k
hath Deen fully laid before you ; I shall only
mention a precedent or two ; one is that of
Holloway's case:* There was something of a
provocation ; but the judge there in that caei
did enter into the fact, whether the provecatioo
was sufficient to justify the killing of the bojr.
The boy was stealing wood in his park, and bad
a rope about his middle, and as he was up in a
tree, he bid him come down out of the tree, and
he took hold of the rope and dragged him so,
that he was killed ; and this was not a fufll-
cient provocation. Another case is that of
eeived by a Mow with a cane ; we submit it,
whether that is a sufficient justification of the
officers for what followed, to kill Mr. Liitterell
in this manner, supposiiig it to be true. What
the boy says, he saw a&rwards, immediately
upon his coming into the room, in an instant,
as soon as he heard the blow, he found Mr.
Tranter running him up against the wainscot,
and th'e other bailiff stabbing him ; he swears
Mr. Luttercll had then no sword or stick in his
hand, so that whether or no, after the bailiffhad
received a blow on his head, it will be a justi-
fication sufficient for the bailiffs to murder
himP Another part of the evidence is in re-
lation to the bringing down of the pistols ; I
beg leave to observe, my lord, he did confess
that the pistols were brought down, but not
with au mtention to do them any prejudice;
that he laid them on the table; they ao not pre-
tend Mr. Lutterell fired either of them, but in
the struQfgle, the pistols were in his breast, and
there they went off of themselves. One
wounded the prisoner, the other went into his
own breast. As to what is said with relation to
the intention of Mr. Lutterell, he did own he did
threaten them : If he did, yet he had no power
over the pistols, one was on the table, and the
other was in the window, and they say the
pistols were not fired by any of them: Our
witness, the maid-servant, just a little before
the pistols were fired off, saw Mr. Lutterell on
the ground ufion his back, and his hands lifled
up, and them stabbing him, and this before any
one of the pistols went off; there is another wit •
ness swears expressly, she saw a fat man take
a pistol out of the wmdow, and fire it towards
the chimney : Mr. Lutterell was not a fat man,
f 0 it must be somebody else that fired the pistol,
and not Mr. Lutterel^ in all probability. It
was Mr. Reason, as to the evidence jg;iven in
relation to the clothes, because here is a hole
in the waistcoat, the pistol that was in his breast
must go off of itself, and make that hole. It
can be no such thing, the jury has seen the
clothes, and where the wound is given, and in
what position Mr. Reiison himself bath at-
tempted to place the pistols, and it is impossible
the pistols should ^o off, and give that mortal
wound. We submit it to your lordship's dis-
cretion upon the whole, whether it is a suffi-
cient justification, though they are officers of
justice, and ought to be protected, yet suppose
fuch a misbehaviour where there is no ne-
cessity for it, they are not to be justified.
L. C,J» There will be two |>oints in law;
the one is, whether the officers are to be jus-
tified in what they have doneP If they have
done nothing but what was proper to secure
their prisoner, and their own lives when they
were assaulted, they are not guilty of fekmy ;
and if they are guilty of felony, then of what
degree, whether of murderer roanslatighter.
Mr. Reev€, My lord, we must ftibmit it,
whether a man amking another over the bead
U a jnatiOcatMNi lor bim immediately to kill
himumai take it with thii
and then turned him out ofthe room ; and thera
the turning him out ofthe room was not a snf*
ficient provocation, and it is a very justobeer^
ration of my lord chief justice Holt ; whea
cases are attended with so much cruelty and
barbarity ^as appears to be here, here are nwm
wounds, eight besides that with the pistol oB
the same person, and certainly two lusty men
as the prisoners at the bar are, might ha? •
made him answerable to justice without an/
such barbarous treatment). The observation
my lord chief justice Holt made, is, that dio
law should be so construed. As to the businean
of the clothes, it seemed to be absurd that tlM
pistol went off, and made that wound on thn
right side ; by no poidtion he could put the
pistols in, could their going off maJte that
wound.
Mr. Strange. My lord, I would only oboervw
two or three things. If Mr. Lutterell, at the
time they assaulted him with a sword, had held
his pistols in bis hand, and their own lives had
been in danger, the case had been difierent:
but when he had put the pistols out of hin
hand, and they were between him and Um
pistols, so that it was impossible for him to &n
them any such harm (for I do admit if it w^
in Mr. Lutterell's power at that time, and he
bail shewed an intention, that if they did not
kill him, he would kill them, that might bH
^CrokeCharles,131
108.
Pahn.545. iJooo^ ^
t^Reilyng's Reporta. 119. Holt484. GMI^
in this CoUection at the end of the IVialif -V
CanMgie|A.o.nsa. ^^
t^ Jbr ihe Murder of Edward LuHereli^ esq*
my
of a juBilificauIon), they mre tbe leis
m '*-"-7 --liU lliejf did. As lo ihe
isiiMs fina^ofifaemsekes,
v^im ..i :i; i>Qlter#ir« bo«omt and so
Mikh wiiood. il teems to he ttnpo9»ible it
lff«n. auil iliat lhi!( num be a wound
n y at lurn.
you bitve reail that ca^e
t ruber, lliere a blow 15 11
jUiU j1 a Wow be first given, il will
« ihotigU draib do ensue upon i(.
G«iitl4inien (>t itie jtiry, the prisouers
'« Qo^li li«sson and ICobert Ti anter,
kf liic cofoner*» inquest, and by
With tlie ttiurder of Mr. Lui-
; fSmj 9uy ihey sre do! guiUy of ibis
«kAs; Add uUetber they sire g'uiUy or not
M rmr btioita* 10 eoquire, and reeei?e satisfuc-
l« ^ la uiiier lo prove them E^uilty, tbcy
aeveird witnesses for the king^.
Tbciftisii lIur^THve, who it seems
• sTTSAl U) Mr. Lutierell; he tells you,
. TocadAj^t ^u^ b^ <^^^^ n^^ remeiuber
^mJi, «r fbe dny nf the month, but it
iiMs mi. frotta ' 1 ivitnesses, that it
iv 1^ ITib dny r, ho says his master
•» f«mc dtjwn 1 J ilkv i^ aier-side in order to
H^k^ fvr a M ems be lodged in Surry-street,
4 httle man ran after bim, and
tm the bnrk. He did not then
t7ixt now invs bis uatoe is Tranter ;
•%ikis tuact^r toUf Imn, he would pay the
Be did t^^*» • ■- tfir etidence he gave,
Aw did r< r that he desired
^fvitnht:.. <>t Sk'' desired them
\P ^nS him to r. But the
lkr>u^*l»', thf4 • isonable; then
U bi savf, ihut with much pciiuasion ,
iM tvitli rtvTv In rurry him hack to
;r8 did carry
l«f he says, his
Mf^kUuii, hv t\., 1 ; when
fftsira his oiOi-t. d of the
WMM with hmi, UiL IdL man, which
(for TmatLT \«raii ^^uUf to ifct a bill of
th# ilfAfm' ' !rd of the
t !tew him
said. Ill i<iMiv nu: warrant in
wmnim tlirn^ it oti the ground,
> ^^,1 *sr„..vM<ti, he should
J'
U it, fletelts
11
ly knocked at
•1 n to open the
r, find he rau
i^>
^•'d him.
W*
ji J before
at, he itid hear the
♦'fly fhf* Jad giving
ES
Hidvring,
IfL'
; but on
In
heard a
■ W
ng-room.
Vbtn I
ig*niotn,
mdgwt
aod was
- I...,. .
, — ; , .^ T.iM^iov, and that
»«r»rd drawn and wis striking
D, 1729.
at him with his ivdord ; and he says, tm he was
preparing himself to make anotlier thrust, Im
look hold of tiis sword -arm, and prevented that^
aod Heason with some passion ssidi *^ Damn
you, get you out of the roam, or ebe you shall
die before your master," With that the boj
went out of the room, and went donu stairs
aod cried out fire and murder, iu order to atarm
the neighbourhood ; be tells you while he was
there he heard a pistol go off, and btixit^i lt%
could ?et up stairs he heard another pistol go
off; this is the evidence given by Margrave.
They have called another witness, Hester
Gerrard ; she says she heard her master ga
out in the morning, and a little time after
she heard him return a^ain, and there came
with him Reason one ot the prisoners at th»
bar. ObscrvtDg this, that her roaster came ia
so short a time after he went out, she bad
the curiosity to hearken what the meaning
or occasion of her master^s retarnlng so soon
was ; she says she heard her master talking
of an arrest, and he seemed to be in a passion
with the bailiff that was with him, and said
he had not used him well, but ilTf>nfd \i%vm
giTen him notice before he an 'r«
street ; she says, slii withdrtv ,^
her mistresses bed«ehamfaer, which \«eie near
the room where they were, and in a little time
she beard her master go tt[vjiiair8| aod in a
short time afler return a^ain; with that, sh«
had the curiosity to go in, and sec what was
llie matter ; her mistress being big with isliild
she was therefore more curious than oriltnary
10 prevent the misfortune falling on her mis-
tress ; she found her master Vith two ptuiule
in his hand, he stuck one of the pistoN on one
side, and the other on the other siJe iu his coat j
she says, she admonished her master, and de<
sired him to consider the condition of her mis-
tress, and not to do any thing to fright her;
up<m tlmt be said the bailiffs had affronted him,
and abused him, and called him M inter, how«
ever he did not design to do them any harm
with the pistols, and her master, at her desire,
laid down the pistols on the table ; with that
she went out of the room ; but soon aAer hear-
ing a great noise she came into the room again^
aofl found her master on his brick on the floor»
and the bailiffs stabbing him : she says she
went out with an intent to give notice of it to the
11 ci^^h hour hood, and that she cried out murder;
that while she wu^ doing this, she heard otie
pistol go off» and presently after another; bat
before either went off, she saw her master lying
upon his back, and the prisoner at the bar (point*
ing at him) stabbing him. Then they call
lljomas Waters, a wateruiao, he was standing
by the water-side, and seeing Mr, LultereU
coining down, who was one that usually em-
ployed him, he expected a fare from him, and
that he should carry him, as he n«ually did;
he saw Mr. LuttereU make back again and go
into his own lodging ; but still he said he ex*
pectcd his master lo come down, and go by
water ; but be not coming in so short a tiiae •»
be expected, he made towards Uts Mpjm%
47]
8 GEORGE I. Trial nflJufrh Reason and Robert Tranter, [43
and u he came near be heard the boy cry, Fire
and murder : lie went up into the room, where
he found Air. Lutterell lying in the room
wounded, all in blood. The next witnests is Mr.
Peters, who is a reverend divine, and came to
do his office and duty on this melanclioly occa-
sion : be hearing Mr. Lutterell was wounded,
and in danger of dying, came to him to perform
his office on that occasion : he says, tbat lie
requested and admonished him to tell him, if
he was not accessary to his own misfortune,
and that it may be, if it was not discovered
whilst he was living, it might be the occasion
of an innocent person's suffering. When be
admonished him to tell the truth, he did with
the most solemn asseveration, as he was to
answer at the dreadful day of judgment, say,
^* That he was barbarously murdered ;" but
did not you give any provocation or occasion
for it ? «• No, I gave none." With that, says
he, I told him I understood one of the bailiffs
was wounded with a pistol ; did not you dis-
charge either of the pistols ? '* No, upon the
word of a dying man, and as he was to answer
might sufler. He still insisted, « That he was
barbarously munhired," und said, ** that every
article of wliat he had said was true." Ue said
to him further, *^ before you receive the holy sa-
crament, and as you are going before God,
and there hope to have reinis^iion of your
sius, it is necessary for you to forgive even
your enemies;" and witli tbat says he, he told
me, " He did heartily forgive all the world,
and did forgive the persons that had been guilty
of ibis indiscretion, and hoped God Almighty
would forgive tbeui :" he gives it a soft term
there, their indiscretion. Indeed I should have
been very glad if the examination that was re-
duced into writing was here, that it might be
laid before you. Mr. Peters is a very worthy
person, there is no reason to doubt ; but he
swears upon his memory, and when a man
swears upon his memory, he may mistakCi
and the mistake of a few words rouy aUyr.the
sense ; therefore it. was very proper to have
had the examination here ; that miuiit possibly
have corrected his memory ; and though he
hath shewed himself a man of great probity
it to AlmigHty God, he never discharged either j and worth, yet he might be mistaken in some \t
ef the pistols, nor did he run his sword at . particular; and it seems strange, that of two ■
Ihtfiii, drew his swonl at them, or give. them 'justices of peace the one appears, and the ^^
any provocation." The minister says, he ad- ; other, Mr. Vernon, with whom the exnmina- ;-
▼isedbim to be very serious, and examined him : tion is let), doth not appear, nor any endea- rr
as to the fact, and said it would be of very I vours used to have him here ; and therefore it ?_
dangerous consequence, if he should die with | must be taken as an objection, not as to hie r
any falsity in a case of this nature, and it \ veracit}^ but that the prosecutor hath not pro- r
would draw present ruin on innocent persons ; : duccd the evidence that is proper, and only ^
he said, " He never drew his sword, nor dis- { relies on the memory of the witnesses, and tbn ..
charged eitlier of the pistols, but was barba- j seems to.affect the e\ideucc that is given by i-^
rously murdered.*' Mr. Peters then went away, ' Mr. Peters. They ha\ c called another witnetiv (--
and a little time after came again, when Mr. ; whom they called at last after they had closed ; ^
Vernon and Mr. Hayncs, two justices of the • their evidence ; she lived in an house over j^
E»ce, came to take an examination from Mr. { against Mr. Luttereli*s lodgings ; she was in a •._
utterell himself; he says he was present at ' chamber two pair of stairs, and she saw a lusty >^
that time, that because they had no clerk with ' fat man come to the window, take up a pistoia ^■
them, he was desireil to take an (account in ! and as she thought discharged the putol ; and »
writing of what was said ; he pressed him as j she saw no other person but this man, and-. _
formerly, and having taken an account in wri- therefore concluded the fat man (ired the Z
uistol : this is the evidence given for the king*.
ting, that ought to be produced, but it is not
produceti, and therefore no regard is to be had
to it, for a {lerson is to give the best evidence
tlie thint; is cap«ib1e of, especially where a
person's life is concerned, and he of his own
ahewing, says, it was taken in writing, and that
writing is not produced, and no account is
given that they arc disabled to produce it, but
the justice of the peace tbat hath it is out of
the way ; and it doth not appear, that pro])er
endeavours have been taken to have him here,
tbat this examination might appear more per-
fect than the former. He tells you afterwards
The prisoners are asked what they have to say , .
for themselves, in answer to this charge, » hica ^
seems to be a weighty one given against them : ^
they tell you they are ministers ol justice, and ^
they give you an account, not only by ilieir ^
own opening, but by the evidence Uiey ha?e ^
produced, in what manner they behaved them- ' '
selves ; that upon the first arrest, at the reoueat T*
of the prisoner that theu was, they submittad ^
to carry him hack to his own lodging : 1 mmt Z^
confess this doth seem to make some imprea- ^^
it is what bailiffs are not hound to do^ " '
became to him a third time, and the end of his . they are usually rough, nud not easy to be ui«
tfwtminop o fliinl litiiA ■a.-ua in !tflA\Aniek Kitn iK'illi tmnldil iiii1a<»a uroll n:iiil Tur if • f\%i%t stinHPa
coming a third time was to admonish him with
respect to his fate in the other world, and at
that time he desired to take the sacrament
treated, unless well paid fur it; this ahewa,J
I that these men wentbtyond the bounds of their
»ua» uuic uc iimicu w tana tiic naui«iiit.iih ^ • owu duty ; for VI licu they had arrested him, ^
he told him what was necessary, thai he might ; they ought to hu\e securetl him by carrying ^
take the aacrament worthdy, and that it was him to jail, or some place of safety ; it vat^
incumlieut on them to give him an opportunity
of paying the money, or studing for bail, fat
abofe all things that he should dis-
conacience, and give a
' what happened on this mehui'
Ke desired to be discharged that way ;'bn(t.^
when a bailiff hatli arrested a man, to cangr^'
«]
Jar tht Murder of Edward LuUerellfeif, A. D. 1722.
[50
lis bftdr to Uis own lotlf tni^^ it an ud usual
mmf «f trcttdng pnsnnerB, anti oug:Ue not to
Wekara ; bat slill U is not to be impined to
Ihf tuiiiffi, as an a^g^mrtitian io the charge,
ikef mtwm loo fi^nurnble in tru^tiii^ him in
lliiiMPni U>*\g%n^, What is next? When they
W fciai there, Tratiter is sent Tor the altor*
mnH Ml\. This iji (iretty extraordinary, \^h^D
Imw kmd taken hi in, not nt\\y to ofive him
luiat lo ICO la bU oirn Imlpng^, but one of
Ikamfiiev iipooan ^nand, which Mr* Lutlerelt
m^ bave sent tiic own servant upon, akid
mm oot»e but Reason ; tbis was extreme
<iid mm^f and not ott^n done by mm of
Jirr diarac'crr* Mliat then? Lutteretl ^oes
spoaira. What did Reason then do? When
isbad carried tirui to bis own lodging* And sent
Hi pasuirr avray, be pves him leave to^o
Mbiaotber ehaiitber ; ibi^ doih uol seem to
^iltn^mtDerit of the deceased^ but shews ex-
mm9 filfour lo ihtlr prisoner, whicb they
mM not iQ slrictne«ti justify : lie went up
flMiaikl rettimed Ri^ain, and the maid ?ierrant
iCMr. L«ailrreU idlK yon, she s:iw htm mth a
IMrof piacci)$^ one stuck on one m\e of his
■1^ 9tlt4 the oiber on the other ; if their treat-
ttaiwia so ejciraordinnry and civil, this seenis
nil Mm timofrard return of Mr, Lutlereirs,
•bat he vraa truKti*^! lo g-o out of the roimi,
ftrld rHum with ;i case of tii$itols ; hul ihe
ViM-a#r%aiiitaV8* besaid^ ** He had no malice
l»»tf4ilJi«tiif and wouM not hurt a hair of
fteir tteaiisy be only brought down the pistoU
I heU|^ht not be imposed tipon." J do not
Pl^hai he meant, when he was in custody
roffieets, and bad been so civilly used, to
ase of pistols to prevent his Iteiug
seems an untoward return, and to
bl the officers, that lhf*y mi*jtht not carry
ray, Thtf is not nil/ Mr. Gitlbnl says,
i l>cin$; a ^nrj^eon was called to give his
on tbis very unhappy accident ; be
y an account of the wounds, and Ihe dis*
chat p«iF»sed on that occasion, and upon
1 done, and how the bailiffs bad
l^him* Says he, »* I confess," although
I he hail examinetl, and asked biiu sc-
hefore, and that be refused to give
ant then, but did persist in tt, that he
> any pr-o vocation, but at lest M'hen
repeated it with some earnestness,
t at last, '' That he did f^re one of
.,_. I stroke on bis head with a stick/'
li|pii oil, and asked bira the intent of bdnyf-
i^luva the pistols; he says, '* I did not
Ai^ any hami ; 1 have no malice^ but
ihem down, that I might not l»e ilt
' ihta waft ill behaviour, where he had
civilly, to declare that he brought
^Wlii pictols, that he niit;ht not be ill u^ :
i^Mlha duty of the haili/Ts lo carry hitn off,
~ lhalpeti|rht down his pistols tu prevent that ;
II^iIn* hlow, says the bailiffitf the assault
lasbtastde; the young man bath tnid
y** le heard a blow given : Air. Luttcreil de-
h» hi ought down the pistols to prevent
franyln^ bim off* aad that ha did give
one of the bailiflii a blow with a cane ; tl i^
surprizing, that immediateb when Tranter
came back he c^bould run him agaiiiid the
wninscot, and the other ti<%S3ult hi in with a
sword ; this behnviour is not of a piece with
the other, that Tranier fihoutd come bock, and
without any prttvocatiivn run liim agaiuist the
WiiH« and Reason should take hii« sword and
stub him t there must be a provocation ; the
boy says there was u blow given^ but he cannot
tell who gave it* Mr» Lutterell declares he
gave a blow, and another surgeon confirms it 3
so that it appears be\ond contradiction, by the
evidence, that Ihe pistols wei« bronglit down
with a design to prevent his being carrieil oflV
and that be did give one of the bailitfs a bloir
wilh a stick : then Mr. Bonner bath given you
an account of several matters * but that which
is material is, that he dlti not discharge any of
his pihtots, or draw bis sword ; that he did not
iittend it, but did threaten it several times.
One Blake, who %vas another witness, fiaygj
that upon examination afterwards there ap-
peared, that there had been a blow on tha
head of Tranter. This is the nature of the
evidence given on the side of the prisoners.
Upon the whole matter, 1 think it is plain be-
yond conlmdiction, that the prisoners at the
bar did kill Mr. LutterclL !t i^ plain that first
of all, when Tranter had him affainsl t!ie wall,
that Reason slabbed bira, and when lying upon
the door, that Reason stabbed him ; and it ap«
pears afterwards by the evidence of the wit-
ness, who smyn she saw the fat man take up
the nistol mi4 discharge il* that Reason shot
oflfthe pistol * so that 1 think there can be no
doubt at all, but Ihe prisoners at the bar did
give these wounds, of whicb he died* The
surgeons give an account, and f think there
are some eight or nine wounds wilh a swordp
one of them only mortal ; a wound with a
bullet that is mortal ; seperal other wounds he
speaks of, thai are but slight. Then the ques-
tion will be,, whether upon this evidence the
detisndants are guilty of felony, and if guilty,
then tu what degree, whether of murder or
manslaughter ? Gentlemen^ it bath been opened
Iru/y, that the bailifls are ministers of Justice^i^
♦ ** Bailiffs, or sherifJii' officers^ arc either
bailiffs of hundreds, or special bnililTV ; bai«
Ufl's of hundreds are officer* appoiotLMi ovt-r
those respective districts by the sheriffs^ to col-
lect fines therein ; to summon juries ; to attend
the judges and justices at the assizes, and
<)aarter sessions; and als«to execute wtits and
process in the several hundreds. But, m these
are generally plain men, and not Iborouglily'
skilful in this latter part of their office, thttt uf
serving writs, and making arrests and execa^
lions, it is now usual to join sped si bailttft
with them ; who ore generally mean persont
employed by the sheriffs, otf account only of
their adroitness and dexterity in hunting and
seizing their prey. The tsheriff beirtg an-
awentbte for the misdemeanors of these bailiffs,
they ara iberefore usually bound in ao obli-
£
4
I
"]
8 GEORGE I. Trial of Hugh Reason and Robert Tranier. [St
tfaey are armed with the authority of law, and
those who retiat a bailiff in the execution of
his office, resist the law. They are not bound
to gife way and let their prisoner escape, but
they being to execute their warrant, if in doing
what is necessary for this puqiose, for obuin-
ing their prisoner, and the security of their
own persons, death doth ensue, the bailiffs,
hafing the authority of the law on their side,
it is not so much as felony ; and it is very ne-
cessary it shonld be so, for without it all our
properties would be precarious. When any
man offers an injury to auother, there is no
remedy but by briogiag an action at law, and
in order to bring t^ parson to do justice a
proper officer must be employed ; and tliere-
fore it is highly reasonable that bailiffs should
have an authority to carry off the persons
they have arrestetl, and if in doing of it deatl)
ensues, the party must thank himself. That
being the question, I would recommend to
your consideration these circumstances; it
appears in the beginning, that the bailiffs
treated Mr. Lutterell with all civility, gave
him leave tQ go to his lodging ; one of th^m
sends his ooropaniou away, and gives him
leave to go up stairs ; but although they
did do that, that will not justify them for be-
ing guilty of any barbarity, without any jnst
occasion offered ; therefore you are to consider
what happened afterwards: It appears Mr.'
Lutterell brought down the pistols, he dtd do
this to prevent his being carried off*: that is, to
prevent the bailiffs from carrymg him from his
MMlffiogs* which was their duty to do in case
the money was not paid, or bail ^ven in ; and
if io, this IS good introductory evidence to that,
which they ofi*er to prove, namely, that he en-
deavoured to rescue himself: He says, he did
not dischaige either of the pistols, or draw his
flword u|)on them ; that he did not intend to do
any mischief, but he threatened them ; then
see how this is when taken together : Here is
Mr. Lutterell und«^ an arrest, fetches down
his pistols with an intent to prevent his being
carried oflf* ; I doubt his threatening must have
reference, that be threatened to discharge his
pistols, or draw his sword upon them ; then
when his pistols are brought down with that
tntent, when he threatens what use he would
gation for the due execution of iheir office,
and thence are called bound bailiflSi ; which
the common people have cnrrupled into a much
more homely aopellatiun." Bl. Comm. b. 1,
ch. 9, (vol. 1, p' 345.)
I suspect that in this passage the ingenuity of
the learned commentator has misled him into an
erroneous refinement concerning the ' homely
appellation -,* which, I conjecture, was origi-
oaily the name given to the bailiff's under-
ling (or * iblloweP as he is still called), whose
office it was to * follow' the party arrested,
and, if necessary, to assist from behind in
forcing him forward. In France thia per-
sonage 11 (at leaat waa) styM * povMB-our,
ud, IbeluTi^ ctnMagaM. . .
make of his pistols or sword, what is done af-
terwards ? Mr. Lutterell gives one of the bai-
liffs a bk>w with his cane ; it is proved unde-
niably that there was a blow given, that ia prov-
ed by the boy, that the blow was given by BIr.
Lutterell ; that a|ipears by what he owned
himself. Then consider, here are pistols
brought down with a design to make op|K)si-
tion ; that he threatened them, and not only so,
hut gave one of them a blow with his cane ;
what is the consequence? Tranter runs him^
against the wall, and Reason stabs him: If
this were all that waa in the case, when pistols
are brought down, and threatenings used, and
a blow given, the officers are not to stand still
till they are murdered, nor could they tell what
Mr. Lutterells intention was : As he had made
an appearance of resistance, and had made an
assault, you are to consider whether this was
not A necessary defence of the officers lo se-
cure their prisoner. It is of no weight what
Mr. Latterell said, that he intended to do them
no harm ; if he made an appearance of re-
sistance, and actually assaulted them, the ques-
tion is, %vli(itlier the bailiffs, in this case, ars
not jusUiitd in what they have done ? Yon
will consider their circumslanoes. The maid
tells you, when the pl^ls were brought down*
at her persuasion her master laid them on the
table; so one would think that nas an indi-
cation that no ill use was intended to be made
of them : It doth not appear whether one or
both were in the reach of Mr. Lutterell. Then
it appears, that notwithstanding the running
him against the wall, he had in some msaaurs
rescued himself from that force, and tbert
was a struggling, and throwing down, which
sliews tliis roan was not so in the power of tht
bailiffs, so as they could be secure of preserving
their prisoner, or their own lives. It must bs
left to your consideration, whether thers was
any design of Mr. Lutterell to rescue himself;
but if you think they had a just provoeationy
and tbey had reason to be apprehensive of los-
ing their prisoner, the law does allow them to
do what is necessary for their own security,
and the security of their prisoner. This is
what I recommend to your consideration, whe-
ther or no it appears to you that this was done
out of heat, and out of a passion by the bailiflk,
when there was no just cause for them to sp-
|)rehend the prisoner's being rescued ; if yoa
oelieve that, then the prisoners will be guilty of
felony : But if you believe there was just oc-
casion for the prisoners to be apprehensivothcy
were in danger of their lives, and of kisiDg
their prisoner, then whatever is done in their
own defence to secure their prisoner, and thelc
own lives, it will not be felony. I must boo«
fessit looks barbarous to think, that when a
man was in his blood on I he ground, tbey
should follow their bkiws, giving him mora
wonnds; this is carrying the thing a great ,
way, and it kraks like some barbarity ; bat if •
Mr. Lutterell gave the first occasion, whaiefer .
happeMdafWr,ifdonefurtheaecnri^^«f4lMir .
owB lives, and of their priasner, will.^Mefce '£
f
iSJ Tnmi ^J^n Woodburne and Arundel Coke. A. D. 1722.
iMBfttilty of feSiciy ; Nit Mopposi* ) ou stioulil ht
Wifniiiiuo llialiheliMli^ have done more than
^ Mold, ibm tlie pexi Ihtn^ to consider is in
ilat4w^i^ fk,.*. «^.. .*...fiy : It appears a blow
▼•r 'boy, before ii* rjifne
f ••t , ^ ,! : , Mr* Ltuicrell ihai Itc
^n* ill* Mhw ; Oenttfrnen. I Ho not knovt,
«lif boomir an; i«r>{ loju^tiiy tlirmsdves by
tifw^ macy Ufifsua^e in gtvpn them^ ami
AcnAat 1 aen to be my own iivenifer ; ftlr.
Iflili^fmre OOP ai ihem n blow oviri ihe head,
iibvfnAi f be rr*<t fVl) nut n«t you bave b^uni.
TbyiwtKwa I i>«r it be mimler? Il
wm^ 6tMk9 14 y, and wiiboui provo-
Mflu flvr ri«« 1 1 IS iioi murder : Blows bftve
ml lowed to b« prorocationSt and
»o,
t«ith fetcbing down
trie hailiHs ubat be
-• i'lir one of Ibeoi a
Lits will not be
'"•rtshiig-hler :
rue nulho-
■ yoii rnu'^t
m;^
M«irq«Fft|«ie ibr baitilfs on a lew nng^ry worda
^■■^Iflv to lall into ■ paKsiotit aud take
l«iy t^ liVv of A man. Here it a^ipears, that
wji^ U?»m uiiiier untoward circum-
mt' nliBit had been ibreateoed
^ • dcsj , . ■ y eut hiK beiu^ carried off
kt^fivii; Btid it It tH> nn^ the tnofltyou make
• il v»ll b^ tuanalaiiifbtcr.
Hivv ilid hch^i '' k^elTes civilly at Unit,
^»et ttiiti l!< ni, which be threw
^ md bi4 UivHi ^%ti»tf tbeir hack-i»ide with
% Ast is ■ ftiatter uliich if this ^emlennth
MmimtiSm^ in the mantier he liutii done,
flWiMfie beep reiieti(e<liii its phice ; then two or
^•t bSEs llif y are called rogues and ravcaU,
mi fimM n^f lit prot^ke the bailies : I think
tti flnlafifjjf btAsneu wai occasioned by too
^reat ft lenity ol' the bailiffa in carr^'ini^ back
tbetr prisoner to hia uwti lodging ; that was not
Weil done ot iliKin, Hutvrvt^r, I iiiunil leavft
it to ynwr coiisiderattoii, whether or no they
are guilty ottelony, ami illhey l>e jfuihy of
jV^jofiv tlu'.^ M> v%bat <leg"ree» w he iberol murder
or tL iiiL'r. I (brijot one thmgr, the sur*
geoh J J 1 I Hf that one of ibe huihHs h»d m
wound in bis hand by a bullt-t, each of them
had n wounit, ihmjgh it tloih not api^tar bow;
all thin ia likewise to becousidned: yun will
couiiidcr the whole^ and give your venlict aC'
cordinfjfly.
Reason, as hath been proved, said, he ho|ied
lie would give him cit lliiy money ; he aaid be
would ^ivi' nothmt; lo anoh rnguea aa they
were, for they hiul given hirii no notice, but
had arrested him in the atrtet ; that is the
threat ^ound of coroidaint, and at tlu*i the of-
iience is tHkeu ; they did not gi%e him due no«
tice, therefore it was not civilly done, which if
ilicy bad done^ and it had come before us, w#
iliould have punished with great aeirerity.
Upon this the Jury withdrew, and af\er itay-
in^ out about an hour, brouj^ht ihem bolb in
Guilty of Mai»slaii^hler; ilpori which they
prayed the beuelit of tlie clergy, and were im*
mediately burnt iu Iht^ hand.
From sir James Burrrow^s Report of John
Taylor's Case, it a|i|ie»irs tlml the uentence of
burning in the hand ttas executed upon Rea*
son and Tranter behind the bar of the Court
ot Kinvj's- bench. See 5 Burr. 270T.
Tb«i tfxecmioij of capital convicts who are
in custody of ibe Marshal of the KingV^etioh,
is usually done at St, Thomas-a.Watenof^s in
Hurrey. See 1 Strange 553 ; 4 Burr. S089,
John Royce's Case.
I6£. The Trial of John Woodbuene and Arundel Coke, esq. at
Suflfolk Assizes, for Felony, in wilfully slitting the Nose of
Edward Crispe, gcnt.^ 8 George L a. d. 1722.
Ov tWftilav tlic JSib of March, 17 23, »t the
msm Md al Bory 8t, Edmonds, in the
«sty of Sollblk, Jolm Woodbume and Arun-
MC«^ were irratgiied upon an Indictment
%Hi iNf Ibe fraud |ury ; Aud the Court pro-
mhimm:
tkfk o/" lAr Armi^nmentt, John Wood-
9»a, htm uf Uty band ; Arundrl Coke a^ias
HbAt. b4d4 uf iky band. (IVbieb they seve-
OffAd)
laa 9am4 iodieiHl by the nsicnea ot John
laie of the' borou^^h of Bury ^»t.
i, lit Ibe cotifiiy of tiuttblk, labourer ;
ktmiri Coke alifti Ceoke, of the borou^^h
^hai ynu, after the 24th day
of June, in the year of our Lord 1730, viz. the
lir&t day of January in the dth year of our $o*
verrip-n lord George, of Great Britain, ^. in*
tcndiu;< one Edward Crispe, gent, then and yet
fWing a subject of uur ^id sovereign lord the
king, lo maim and disfigure at the borough
afuretfuid, in the county aforc>aaid,by force and
any a, <Vc, in and upon the said Edward Crispe,
i» the pc^ace of God, and of our said sovereign
Icird the king, then and there bring, on pur*
poae, and of malice aforethought, aud by lyiofC
10 wait, did unlawfully and telouiousdy make
an assault* And tb&t you the said John WckmI-
burno, with a certain bill value a penny, which
you the said John then had and held* in your
right hanil, tlie nose of the «nld Edward Cfispe,
, and of your malice forethought*
' in wait, did thcQ aud vUct« >mii»
I
i
I
i
4
55J
8 GEORGE I. Trial ^Mn WeeHmme and Arundel Cole, [56
lawfully and feloniou&ly slit, with an inteit by
80 doing, tbe said Edurard Crispe to noaim and
disfigure. And that you the said Arundel
Coke, at tbe time of tbe felony aforeiiaid, bv
tbe said John Woodburne in manner aforesaid,
unlawfully and feloniously done and commit-
ted, to wit, tiie said 6rst day of January, in
the 8tb year aforesaid, at the borough afore-
said, in the county aforesaid, on purpose, and
4)f your malice forethought, and by lying in
wuit, unlawfully and lelouiously was present,
aiding and abetting the said Jonn Woodburne
the felony aforesaid, in manner aforesaid, felo-
niously to commit and do. And so the jury
aforesaid, u|>on their oaths say, that you tM
said John Woodburne anri Arundel Coke, the
said fir>t day of January, in the 8th year'atbre-
said, at the borough atbresaid, in the county
aforesaid, by force and arms, &c. on purpose,
and of your malice forethought, and by lying in
Wait, the felony aforesaid, in manner aforesaid,
did, and each of you did, commit and do
against the peace of our sorereign lord the
king, his crown and dignities, and also against
the form of the statute in that case ma& and
provided.
The Latin copy of the Indtetmeot is M
follows :
DouiNus Rex s. Core et Woodburne.
' Suffolk, ff . Jur* pro Dom' Rege super sacra-
ment'suum pr8Psentant,quod Johan'Woodbume,
Duper de Burgo de Bury Sancti Edraundi in
com' Suft'Miob', et Arundel Coke, alias Cooke,
Duper de Burgo prsed'. Arm', post 34 diem
Jauii, anno l><iia* 1731, scil' 1 die Jsnuar*,
anno regni Doin' Georgii nunc Retris Magnce
Britan', &c. 8, machinantes quendam Edir'
Cri!}|)e, Gen', adtunc et adhuc existen' subdit'
dirti Horn' Regis nunc, mahemare et delbr-
mare, a pud Burg' pred' in com' prscd', ?i et
armis, ike. in et super pr»d' Edw' Crispe, in
pace riei, et dicti Dom' Re^ adtunc et ibid'
existen', ex propusito (An^Iice * on purpose')
ac ex malitiis suis precojg^tat', et p«- insidias
(Anglice * by lying in wait') illicite et telonice
in«ult* fecer' Et quod prsed' Johan' Wood-
burne cum quadam Secure (Anglice * a bill')
falor' nn' deiiar', quam ipse idem Johan' in
manu sua dextra adtunc et ibid' habuit et tenuit,
nasum prsefat' Edw' Crispe ex nroposito ac ex
malitia sua prsecoptat', et per insidias, adtunc
et ibid' illicite et felonire fidit (Ansriice < did stif')
cum intention' ad eund' Edward' Crispe iu fa-
ciendo mtNlu nned' uiahemand' et derormand*.
duodqiie proHl' Arundel, tempore felon' pnad',
per iira'fat' Johan' Woodburne, moilo et forma
pried', illicitoct fnlonioe commisa'et per|ietrat',
scil' eod' 1 die Januar', rnno 8 tuprad', apnd
Bun;' pnt:d' in com' pned' ex prnp<»sito ac ax
roalitia sua prsccogitat', et \\er insidias, illicite
ct Telonice fuit pnexens, auxiiians, et abettana
prierhr Johan' Woodburne ad lelon' pr»d\ ia
jbrma praMl', felonioe oominittend' et parpo-
Irand'. £t sic Jnr* prml' dicant aapar aaor^
«MDt'' nnm pnnd*, fiiod pmd* Johiv' Wtii-
bume, et Arondel, dido 1 die Januar', anno 8
sttpradict', apud Burg' pned' in com' pned', yi
et armis, &c. ex propositi ac ex nialitiia auia
prsecogitat', et per insidias, felon' pned' in
form' prsetl', illicite et telonice commiser' ct
per|)etraver', et uterque eor' cominisii et perpe-
travit, contra pacem dicti Dom' Regis nunc,
coron' et digniiat' suas, necnon contra farm'
Stat' iu bujusm' casu edit' el provis'.
Clerk if th€ Arraigns. Haw sayest thao,
John Woodburne? Art thou Goiltv of the
felony whereof thou standest indicted, or Not
Guilty ?
Fritoner, Not Guilty.
CL o/Arr. Culprit,'How wilt thou be tneAt
Fritimer, By God and my country.
67. ofArr. God send thee a good deli? eranat.
How sayest thou, Arundel Coke alias Coukep
art thou Guilty of the felony whereof thoa
standest indicted,'or Not Guilty ?
rriaoner. Not Guilty.
Cl.vfArr, Culprit, How wilt thou be triad f
Prisoner, By God and my country.
Cl.qfArr. God send thee a good delitaii-
ance. You John Woodburne, and Arundel
Coke alias Cooke, the prisoners at the bar«
hearken to what is said to you. Those good
men that are now called and do here appear,
are those that are to pass between our ao?»«
reign lord the kint; and you, U|>on your aereral
lif es or deaths ; if therefore you, or either of
you, will challenge them or any of them, yoa
must challenge them as they come to tbe book
to be sworn, before they are sworn, and yo^
shall be beard.
CI. of Arr, CTv&Ty gire the lKX»k to
Thomas Buckingnam, George (/ross,
Nicholas Alger, Samuel Bridge,
Ambrose Gallant, Jonathan Clements,
George Goddard, Thomas Tay jor,
Robert Gall, Simon Reeve,
William Scott, William May.
CLofArr, Count these.
Cryer, Are you all sworn, Gentlemen ?
Jun/, Yes.
CL of Arr. Make a Proclamation.
Cryvr. O Yes ! If any of you can infom
my k>rd the king's justice, tbe king's attumej
or solicitor general, of any treason, murder,
felony, or other misdemeanour committed fay
the prisoners at the bar, or either of them,
I come forth, an«l you shall l»e heard, for iha
I prisoners at the Imr now stand upon their deli-
j verance : And all persons bound by recogni*
: Bsnce to uroiiecute them, or either of them,
I come fortli and prosecute, or you will fbrfeife
! your recognizHiK'es.
CL of Arr. John W<M>dbume, and Arundel
- Coke alias Cooke, hold up your hamla. Geo* ■ '
tiemen of the jnrv, lofdc upon tbe prkoneia^ s
and hearken to their cliargai they aund \mtt «■
dieted by tlie nawu of John Waodbume, lal««f .itf
tba borongb of Bury St. Edmonda, ia Iha
flanqW ofSiiMk, JabMMr, and Anindal OalH
■liM Coolw, aT tho boni«k«AnnidB «il»|i
Jtir di^gurirtg Edward Crispe.
A, D. 1722*
[5S.
Uir iBtliciment before- mrn>
-'- " * '-^t ■'* rhey hnve been
Not GtiiUy :
lease }oui lardslirp, ami
I irv, 1 niu of cotmsrl fiir
15 at the Uar, ^'klio
^ i t ?'>danil 53*1 Car,
iif," jiiid tlie indictment
, liiU iL^.^ |*«i90«}er6, the 1st day t»f Ja<
wmf,mti%m 84b year of h» present majesty,
Umy Sl EchnoOfiK in this county, did on pur-
f«»«»l nf m&lior lc>r«-ltioy^lit, and by lying
aw«,ai;k«! mn i»«»«tiU iinlftwfully and fdoni*
«aif «f»o £iiw»nl Oris|>e, gent, and that the
V«M,JttlMi W«Oflbunie, witb a bill which
WteWd IB bis ri^ht hand, did ou purpO!>e|
'm ffif«*tlHm§iii 4 11(1 liv lyifi; i» wait,
■ie ^ the •!! 1 €ri&pe, with
In •t^doitiir t' ^ '' the said Eil-
an' prifoner, Arundel
» limr ^ 1 11 an i; the said felo-
iHn fare-thnug'ht,
i»H I .iiily and felo-
y aidiug and aL>ettjn(r the said
true io coiiifnit (iic* said felony : aU
to be (ione contrary to the form
If wr i*ho arc connael for the
i»t this matter, you will find ibem
Ml
it p1<
re, ftir I J
t id' kinc
i^l
your lordship,
tnrv I am counsel t
t the prisoners
ri»n the statute
one for mali-
i;;i^ of Edward
ti{* ihut tact, whiLti
I tl»e tiaiiic otfrrice ;
WiM» cunnst'l for the kin;^,
flu* ii««j»ty, a« iht* fatbrr of his peo-
Civ ibeir •alitiyi out of his natural
luili K4n«fi i^Mcimmly pte:i»ed p^rti-
I Ml f«x*f^ ^''<' |>i'i»«iecuiioci for lui Iti^rrid
dy as isffaiistuattAn. And thotjj^h,
VA, It M tUtHciiU tu stand in this place
til* lC?rate«tt tetMlemeM lo our feiloiw-
- -— -l-^*r- -fv^ » V" ijvi'sted Iheni-
■ to he such ;
, ^...^ . jir«»jde not to
y9%£ ^ Rtt lai &« IS r<HiM)Mteut
Tlii-ir tirosirntion is be-
iittrf>rri d ; for«0
► j«n*"T* "iM Itaw , iuTe, tlie
^iw, mid Imt at the
r n* the oit?, and ao
ler. Weslmll
r rrtinfiiiUrd,
iut-
>t ii, and
Mr. Coke
I whowaa
rj^M) to
sup at his house ; that Mr. Coke prepofltd
him t'? ..*, nj>..r '■••iper to miiJce a visit to Mn
Mui'^ !^ %te luention vi-itbaut afi|
the kiL :„-!!.;...) to which IVlr. CrispecoD
seDted ; that Mrs. IMonke^a house opens iut^l
the church-yard^ ivhich \s but crosses the vra]
from Mr. Coke's house ; that Mr Coke I
Mr. Cntpealon^ with him aliout ten or elevo
at flight, it berng;^ dark, into the chuich-yar^
anil walked him about near Mrs. Monkeys doof^
without ^oing ioi and then making «ome noise
or t^hisiling, a person came up to him and
knocked hmi down, aAer which he was uol
seusible 3 tlrnl being lef\ tnr dead, after some
time he ffot up, and returned, he did not know
how, to ftir. Coke's house, %vhere the coiupanj
received hi in fviih great consternation , as did
**- Coke hiiiiaclf, who soon returned after
Mr.
walking out with Mr. Crispe, out of bteaUi,
and called for a glass of wine ; and bting asked
what was become of Mr, Crispei said he was
stLimbling home in the daik. Tlit« we shall
profe by Mr. Brown, another relatioo. \?e
shall prove by Mr. Sturgeon, who was called aa
his surgeon, Ihe condition of his wounds ; and
by Carter, a blacksroilb, that Mr. Coke aliout
the Friday before the fact was committed, sent
for him, and asked (after a |itef ious discourse
of Carter's poferty, and how be might li?«
well in the world) it he would cut off ten mens*
beads without remorse j whieb, when Carter
Slid lie could not, It he would cut ofT one man'i
head, and lay it before Coke ; which Carter re-
fusing, [VI r. Coke bid him consider on it, and
coiije {i{*ain ; then gave him a gla^s of brandy,
and disuii«si*d bim, bidding him send Wood*
buruc to him. We shall prove by one Moontt
a ♦ailor, tliut Mr, Coke iiboui three years since
solicited him to the like effrrt. We shall prove
by VV iltel the coii!*t;ible, th^t afier Woodburne
was liikcii up, he confeiiSed ihe fact, said he did
it with a bediming- bill , and gave him directions
where to tina it, and he found it nccordiuijrty ;
wtiich W^oodbume, when shewed hirii, ackoow-
ledged to be the same, and which we hare
here to produce, We aliall prove by Mr. We»
ilirrell tUe •(iKder, that Mr, Coke, since be wat
iu hi^ custody, confess*^ the whole fact, and
I lint Woodburne uas placed in a porch of an
em|tty hf»use near Mr. Coke's, to come out oa
a whi»<ile to do ihe fact ; and thfU he delivered
Mr. CriMpe to Wooilbornc, and was pretieni
v« lien the fact was committed. And after thtt
evidmre, tlit;re ciio be no doubt, s^enilemen,
but you wilt ttnd the prisoners at the bar Guilty
of Ibis iuthctmeut,
Hcrj. Brunihitmie. My h>rd, the defendants
are indicted of felony , upon an act of parliament^
made 22 and *rA Car, S, by which net, if anj
person or pcrftont on purpose, and of moliea
fore- thought, and by lying-in* wait, shall un«
lawl'ullv cut or disable the tongue, pot out the
eye, slit the uose, &«'. with an intention in so
i\m\^\o maim or diwfiM^ure ; the iterson or per-
sons !»o ofri^odu»L'i their counswrllors, aiders and
abettors, knowing thereof, are felons wtlbouv
beacrfii of dergy . Tbr. iudtclntQiil c^«rg.«» V\h»
59J
8 G£ORGE L Trial of John Woodhume mid Arundel
flefendants with feloaiouily making an assault
on Mr. Criape ; that Woodbunie slit his no&e
with a bill or book ; that Coke was aidiog^ and
assistinip therein. We shall be able by un-
doubted eridence to prove and make clear the
charge of the indictment, aod e?ery particular
thereof; as has been opened to vou, and that
the manner of doine it was attended with such
circumstances of iunumanity, baseness and yiI-
lany, as no iostanoe can parallel. Mr. Crispe
is brother-in-law to Mr. Coke, who on the 1st
Oa^ of Januarjrlast, under the colour of friend-
ship and affection, incites Mr. Crispe and fa-
vtiiy to supper at Coke's house. Before this
invitation he had agreed witli Woodburne for
hire, to lie in wait od purpose to effect the de-
signed mischief. When Woodburne was lying
in wait. Coke came several times to him to en-
courage him in his ?ile purpose. After supper,
Mr. Coke, uumiodful of all the obligations of
brotherly lore, of hospitality, and of the protec-
tion due to Mr. Crispe, by false and rile arts
and persuasions entices him into the church-
yard, the pUce designed and agreed upon for
the executioD of their wicked purposes. When
he had got Mr. Crispe into this place, by sign
he gave notice of it to Woodburne, who had
followed at some distance ; aud then delivered
bim into the possession of Woodburne, and was
present at the striking several bkiws with the
nook. By the nature of the instrument every
blow must maim and disfigure ; and the btows
being given by the order snd direction of Mr.
Coke by Woodburne, Mr. Crispe*s nose was slit
on purpose to maim and disfi^re by one lying
in wait : which are all the circumstances re-
nuired by the act of parliament to make them
Guilty of the felony with which they are
charged. Which several facts we shail call
our witnesses to make out, and doubt not but
the jury will find them Guilty.
8erj. Selbf. We desire, in the first place, Mr.
Edward Crispe himself may be sworn, (Which
was done accordingly.) Mr. Crispe, give an
account to my lord aud the jury of the whole
natter.
Criipt. On Kew Year's-day last I wasio-
fited to sop at Mr. Coke's, and heing there,
he proposed to me to go to Mrs. Fanny
Monke'JL ^
X. C. /. (Sir Peter King.) Was this before
or after suiiper ?
Crispe. This was before supper : we supped
about seven, and after supper about ten o'clock
he called me out of his parlour, I followed
bim ; we went into the church -yard : it v»as
then very dark, the moon did not shine. lie
took three or four turns before the house where
Mrs. Monke dwelt, then he stood still and made
Boise.
X.C. /. What kind ofnoise did he make?
Criwe. It was like a hallooing.
X. C. J. Were you under any fear or aj^re-
hanaion from that noise ?
CriMpe. Yes, my lord, 1 was afraid, and made
vp Inwards the wbU ; bat in a quarter of a mi-
nute somebody came behind me,
me down.
X. C. J. Did you know then '
wasP— Cri^«. I did not
X. C. J. Can you tell what W4
afterwards?
Critpe, My lord, I cannot, fo:
I lost my senses for some time.
X. C. J. How long was it befo
returned ?
Crispe. My lord, I cannot tell
time I got up, and returned to M
Serj. Sel^, In what conditio
yourself.^
Crispe. 1 was ready to die an
was found wery much wounded.
Seij. Branthw. Did any sui
you at Mr. Coke's?
Crispe. Yes, Sir, Mr. Sturgeoi
Xj C. J. After the person c
knocked you down, did you lie
say aiiTthiuf;? — Crispe. No, mj
X. C. J. Can you tell whethe
time, or what became of him ?
Crispe. No, I cannot.
X. 6. J. Was he there when
was giwen^ — Crispe. Yes, he wai
X. C. J. Will the prisoners as
any questions ?
Coke. Mr. Crispe, was I pres
were knocked down ?
Crispe. Yes, Sir.
Coke. Do you remember that
Crispe. Yes.
Coke. How near was I to you
Crispe. You were close by m
knocked down.
Seij. Selbjf. Call Mr. Brown a
(Which was accordingly done.)
are a relation of Mr. Coke's.
Brown, Yes, Sir, 1 married li
and he married Mr. Crispe's sist(
Seij. Selby. Were you at Mr.
last New-year'a-day at night?
Brown. A dtiy or two before las
day, I and my wife and dau^hte
to sup with him, and accordingh
came aboot six o'clock, and foi
and Mr. Crispe drinking a glass <
parlour before supper.
Seij. Selby, Was there any ol
with them ? .
Broirn. No, the women were
I sat down with them, and we
the parlour till supper- time,
was ready, we went up stairs,
supper, between eight and nine, v
down into the parlour again. So
Coke went out of the room, a
back aq[ain and save a call, oi
Mr. Crispe, who followed him ou
Serj. Selby. At what tinUe of ni
firovii. After nine o'ck>ck at n
Seij. Branthw. How long was
Coke returned?
Browji. He wat gone about te
then retomed*
Jhr disfiguriug Edward Crispe.
A.D. 17Si.
nmtAv. Was he id anydiiorder when
He eeemed to be oot of breath, is if
eo wftlkine faster than onlioary.
rmmthm. How far distant is the church-
*re this gentlewoman dwelt, from Mr.
. The church-yard is about twice the
i this shire- bouse from Mr. Coke's
BralAv. What did Coke do when he
*
L Immediately he drank a ^lass of
DC, and after he had sat some time, be
of the room. I heard a noise op stairs,
fiold my daughter was ill, I went up,
Ktlle time came down again into the
vfaere I found Mr. Coke.
innthae. Did you ask him what was
fMr. Crispe?
L I did then ask him what was become
rispe, and be told me that he believed
sne home in the dark. In about two
minates at\er. Air. Crispe came in.
verjr much wounded and bloody. I
irprtsed that I could not uke paiticular
him.
sAy. Bowlon^ was it from Crispe's
t tn his coming in again ?
u It was near'half an hour.
J. 80 then Coke returned in about ten
, and Crispe in near half an hour.
k Yes, my lord.
leAy. Did Mr. Coke see Mr. Crispe
icame back to his house ?
■. Yes.
Seiiy. What did he say f
«. Ue seemed to be in a great conster-
Bf&y. Do you know of any estate that
bit come to Mr. Coke atler Mr. Crispe's
im. I cannot positively say it of my own
^Jbiy. We will ask Mr. Crispe that
pk Praj Mr. Crispe, would any estate
gt by your death to Mr. Coke ?
Ijl^lii case I had died, 100/. per annum
if ■*« come to bis vi ife, as one of my
t^l' Hits you then no children, nor
' Np, my lord ; my next of kin are
■WiOneof which is Mr. Cuke's wife,
i jbife Ifcn one of my heirs.
3f. Ca11Mr.Sti]r(p;oii. (Who ap-
'•••iworn.) What do you know
llWi wouuding of Mr. Crfspc ?
lij" * surpeon by profesaion ; and
lB9.^ Jiuuary last at iii^ht, about
1 1 wu sent for to Mr. Crispe at
MR: When 1 came^ I found him
^^Mled and cut, and in a very
■1 and that he had lost a great
1 namined his wounds : One
lii right ear, divided the fleshy
d M ended on his upper lip
just under bis riffbt noitril ; the flesh was all
divided, and the^w left naked. Another wound
divided the right side of the nostril, and made
an oblique cross over the wound, and ended
near the right under-jaw.
8erj. Seiby, Was his nose slit f
Sturg. Yes, Sir, the nose was cut from
without into the nostril ; the edge of the nose
was not cut through, but there was a cut or
slit in the nose that went through : I sewed it
up : It was indeed but with one stitch : it is
yet visible, and the nose was cut through.
Serj. Selln/. Were there any other wounds f
Sturg, There was another deep wound under
his chin, that reached from one jaw to the
other. There was another wound, which began
at his chin, crossed the left under-jaw, and
tended towards his ear. There was also a
small wound on his left cheek, another on his
upper lip, and another on his lefl temple.
Herj. Selby. How many wounds had be in all P
Sturg, Seven.
Herj. Selby, Do you think there were seven
distinct wounds, that had seven distinct hlowaf
Sturg. I take it, that every one of the seven
wounds had a distinct blow.
Sen. Selby. With what instrument did yon
apprehend those blows were given ?
Siurg^ It was cut so clean that 1 thought it
was done either by a knife or razor.
L, C. J. Let the jury aee Mr. Crispe's
wounds.
Then bis face and wounds were shewn to th»
Jury for their observation.
Serj. Branthw, Swear Charles Willet.
(Which was done accordingly). I think yon
are a constable in Bury St. Edmonds ?
Willet. lam.
Serj. Brantkw. Had you any occasion to
speak to Woodburae concerning this matter ;
and what did he sayP
Willet. I had a warrant from alderman
Wright and Mr. Serjeant Reynolds to appre*
bend Coke upon Woodbume's examination.
Seij. Branthv, The question asked vou is,
what you know of Woodbume's conhissiou,
and what he said to you about this matter.'
Willet, After Woo<lburne was committed, I
was with him, and asked him, whether he was
concerned in the wounding of Mr. Crispe?
Ue told me, Yes, he was. 1 asked him how
long Coke staid with him ? He said that he
had struck Crispe three or lour bloivs before
Coke left him.
Serj. Brunthw. What else did you ask him,
or did he say to yon ?
Willet. lie told me, that he was walking up
and down in the church-yard when Coke
whistled to him, and that on that signal he went
up and assaulted Mr. Crispp.
Serj. Branthw. Did he give yon any ac-
count how long and where he waited befbre the
fact was done i*
Willet. He told me, that he was desired by
Mr. Coke to be up and down in the church-
yard about nine o'clock that night \ and that
m
8 GEORGE L Trial nf John JVoodbumc and Arundel Coh^
f R cold oierbt Coke v:ive bim a botlle of
dyf and toM hitn he cuuld not telt whtt
lime Cmpe woultl c<iiiie Nimhv, but desired linn
'^lo be reudy, mid lo fttay^ ttri ii be ne^er !iO toii^*
Scij. Brant hw. Did be teli you wttb what
iDBtriunent be did it f
H'i/ii'i. He told me^ he did it with an botik
• hih, that wan nt* w if round for I be purifo^e,
pd I hut it wa^ in hm house at tb<' Hi(lit hund
TiOl' bis door. 1 wrnt aceordiu^ to bi^ direction,
^Snd found it, and broug-bt it to hiin ; ami he
aid, that was the book^ — The hook I bare
ou^ht with me, umt this la tbe bouk tfiut I
FliavPDOW in my baud.
Hr. Haby. Call WiHinm Weiberel. (Who
fmti% sw»m.) Gi?e my lord and the jury an
|ttCCount nbal you knuw of thi^ matter^
Weih^reL \ am the (fjinler ; and ibe day
liifter Mr. Coke was committed to me^ about fite
ntntite« after one, be sent for me up into bis
Jtliamber, where his wife was cryinsT and in
preat disorder, as be seemei) to be hkewise.
She was desiring^ htr hntiband to discover,
i^hen lie came to bimsetC be tobl me, that lie
and Woodburne had bad a design to murder Mr,
brispe, and hud attempted u several times \.
land desireil me to g^o and *!epvire Woodburne.
\^ went to tbe alderman, and told tiim <>f it, and
I gSive me tbe like ordersi« Coming from the
'Alderman 1 met Mr Coke's man, who a»vked
me* whether I had fouiul him f On which I
asked bim, who^ and uhat he meant, tbinking
bitn to be i|^noratit of bis master^!* confessiuii i
but be told me, that his master bad dUcoiered
it to him, and had aewt hira to take up W^ood-
btirne. Whilst we were talking, we saw Wood-
burne commit up, and we desired one Jotin
Carter, a smith, who was shoeing a horse, to
assist ui ; which he did^ and we aecureit
Woodburne.
L, C, J, Did Mr, Coke confesi any thin^
t you conceruiug^ this fact, and ttie manner of
^ doiflff it ?
Welh, Yes, my lord, be did. He told me
teferal times, that he had n design to niunlipr
Cri«i|)e, nnd that be employed Woodbtirtie, und
deltvet ed Cri»pe into his hands.
t, C. /. Did be tell you thai?
Weth, He did tell me so : he totd me al^,
that it was done with an hook ; and that be
bid Woodburne lo cut bis weasand or wind-
pipe ; and that if VVorHlhtirne had not been a
cow 'hearted do^^, he would buve so done, and
M!ure<i Criape from tclbuir taltt.
Mr. Hah^. Did Coke lell you what means
Ike used to do ibis to Mr. Crt^pr f
Welh, He liaid^ that he called him out of bis
' liouse, went into the chmcb-yard Hiih bsra,
and there be delivered him iiito Woodhurne^s
bands.
Mr. Rahy* Did he fay what signal was
^tf en ?
Weth, Not that 1 reoipmber ; but he said,
that Woodburne was pluced there by bis ap-
pointment*
Mr. Rabif, For what design?
With. With an mteut if* murder bim. Wbca
Woodburne struck him^ Coke aaid, b« weal
away immediately.
Mr. Ratfi/, What have you heard Wood*
burue say concerning this fact?
Wtth. J have heard Wooiihume say, that he '
and Coke had lain in wait lieveral times, uad at
several places, to niurder Mr. Crispe. J
Mr, HuOif. Did Woodburne p?e you rnnf I
account what he did at tbi^timeto Mr'f" *
IV^th* Ves, be did; be said that t^
biin a blow with bin hook, and that niafiiiiEr «
strikiu«f htm duwo^ be s^are bim a second hWw| I
svhich did ; and that Crispe, as be was fatltfi^, I
(^ho was never used to swear) cried out, G<mI '
damn bim ; anil that tlien it went to hiii
heart to think tbnt he should kill a man
an oath in his mouth.
BIr. Raby, Did be aay he gave hini sen
blows?
TfVfA. He said be gfave him several bl
and that ht^ thought he Vfrmt dr^ad.
Mr. Lee. Call Rfibcrt ^loon. (VVho?i]tp«ai
and was sworn ) Wiiat do you know of
matter ?
Moon. AVben I heard what hspptn^i
Cris|»e, 1 said, I kntw the person who dii
or the person who einpk>y*?d hitti to do it j
the reason was, bi^cause three vearR, or ll
years and a half ago, Mr. Cote sent f»»r me^
and suid to me, at tirst I thought it to bo iu a
jestii»ir way, that he wished Mr. Crisps out of
ibe world, be was a pfood-for-noibintj felloit ;'
bis wi(e had a trhk of playing- away bis estate^
and he wished somebudy viould knock him oa
tiie liead. 81 r, said t to bim, what adrania^
«\ould that \}p to you f lie shook his bead, ami
said, a very g"oo<l csiate. HM I, 1 tboLic*fht
Crispe bad out a i«maU estate. Yes, said he, a
very good one. Thtn ) hey^an to think ther*
wassonje»hingin it : after some little timp, said
hp, I do not Tflhie ten or twenty (^'uineas to
knock him on the bead. 'I'ben 1 heg^an a little
to reflect that lie shoubl have such on <!ft[niuri
of me, that [ sbould be such a sort of a p rsfm,
Mr. Lee. What then did yon say to hiui :*
Moon. I told htm, that f would not kiU the
j^reate&i villain lu tbe world for ten such towDf
as Biiry«
Mr. Lee. What did lie say afterwards ?
Moon. I do not remember, 1 liave forgot if
there was any tbiogf else.
Mr. Lee. Row came you fo remember this?
Moon When I heard of this fact committed
om Mr. Crispe, tbtn tt came fresh into mf
memory.
Serj* &%. Call John Carter. (Who ap-
peared and was sworn.) What trade are you ol?
Carter, A blacksmith.
8erj. Selby, Did Coke at any time seod
Woodburne tor you^ and what past thereon ?
Carter. On the Friday before New-y ear's*
dity last, which was on u Monday, Mr. Coke
sent Wood I) II rue to me v*ho told me his master
Coke wanted to speak with me.
Serj. Setby. Did you ^?
Carter. Yes ; J went lo his hoisse. and he
ordered me to come up-to him io bis chamber.
Jar ditfiguring Edward Critpe.
A. D. 1728.
l&i
mm wtnm^ norsr u^oirry ht» weight
l^Mm^kmm oimty oue ibeo ; but
tip, he li)TtJ rnrtliHt he waoled a
S^mm^ liorsr u^oirry ht» weight. J tolU iiim
wHkoiiw ofmoy oue Oicd ; but when I Jirl,
; he Buid, Bv
iiear you batre
m^^ , you hav« lyoL no iron
wmm^^^ «iiil ^ oy art iih ild of a gaol; 1 have
% dMK IMW In a^iliiiiuD UiRt mil make a
IttiA W* foo a« lori^ aa you tlve. 1 s^U 1
^mMht terv |riii»i of ihai. 8iii(l he, tun you
Vs^ ^^trrtf Ves^ said t, aa well as aoy one,
%^«rw»j«df and inv IHrnd» Said he, ca«
"^ kf)i «•»• lif liiM liiif^vflt B€cr(*ts io ihe
mdi ? i totii 1 . 1 1 as any Imfjr. 8aid
h^j^mm^ prt-r, i mdeln/aiul it you will
mm at di ibm^ i can make a msin oi you iis
l^» foti lir« : do som ibiuk you could cut
fveviv ii>m's h«>aifM ofT without scruple of
^ " » ? 1 lold him, No ; it was loo mych
9% mmaL*% cmucivnve to bear. Said be, W hat^
lis oT i*0ii«cieace to do a«ch a tbiocr as
-r- above who have done ten
t»0!i«, Sir, $aid f, you mean
A0immk'tM^i\ grniiemen. Yes, said he, so I
%; Mj bate ruined fumtUcs, aud be^^^rared
Iftdaoam r to cut men's heads off h hut a
ttAe to tiieru, 8aid [, Mr. Coke, I believe
C^(^t».K in if.L* by ivay of merrimeut.
■«. ^^ I ink I "sent for you by
Saf^'A^ I I could not do any
llMiiir. i ! lie, do you think you
^ cat aa cK>^ ad without scruple of
mmmmtct f I i«»hl him, No. Then, said be,
i ym canH cul off a man's bead, and lay it
Ait spoil tbe table Ucfure oie^ you are not for
my mm ; C>o Ihut he (ctciied a bottle of brandy,
I Ave : or tivo, and then liaid to
^Carlrr have you go home, and
r ii4 II lut iHo or ihree days, and if you
Inff a Qtoii*! bead without scruple of con-
jofi tliall have plenty of gold and ^il*
] to/ lliiiiff elve you ask. 1 told hiru^
laa coaatokratioit, for I could not do it.
T^Bi^ wud l4c, Muil Wood burn e Io me* And
*1 went mtU 1 ^:iiv W oodburne at the door,
aailMsil btDi iff ke*
tmj, Sclly. * ly any things eUe to
iaa^«r any Uuuv' uUmii \!r. Cnspe?
ij4^gi€r. 1 bf e laa houiut* of Mr» Crispc^s, and
I bftil btan formerly bis steward, and
acied under him. And Mr. Coke
bisanl my bo«jae was out of repair,
M be liu ajicr Ulr. Crisped and v^he-
lik<
ba bail
Tur iiioi to keep
and 4mli^99f b)
Lgioa* f»utt h-
ij ao^ the nta >'
aait ibai '
aad abitivi
sta-
ijtMc (for
by their
r ac-
> to
(«1 Uuf yU%utf« : aisd
therefore, Gentlemen of the jury, we cannot
doubt but that you wilt iiiid them botli iruihy ;
and that your verdict and their couiiciioo fvill
be with lb e suffrage of all mankind.
Mr. R(tb^- My lord, having- ij^one ihroujfb
our evidence, you will now permit me to make
some few observatious upon what has Iwen of-
fered, and from which we humbty apprehend it
will most clearly appear, that we have fuUy
proved and iim*1e out every thing ncce«»ary to
maintain this indictment.
My lord, it must be agreed, that ibis is an
ofleoce created by a particular n(^ tJ7 tiAvVm*
meat, usually calleil sirJtdmC^ ct^
made on the occasion of the lii^ nuf
usage be met with, to punish thRt otfence, and
to prevent the like Ibr the future: anti 1 aUo
agreei that the prisoners miist apiH-ar to be
guilty of those very facts, which by that act
are made felony, or otherwise they cannot be
punished by that law. But we Immbly appre-
bend, that when that law, and the evidence
which has been given against tlie prisoners arc
considered, they will appear to be guilty with-
in the express words ot that law ; for which
end 1 beg leave to mention that act, which is
the 22 and 2S Car. 2, cap. 1, the wordii are
these ; ^^ That if any person or persons, oa
purpose, and of mahce fore-thougnt, aud by
Iviog in wait^ shall unlawfully cut or disable
tne tongue, put out an eye, shtthe uose, &c.
with an mteotion in so doing to n>aim or disfi-
gure, in any the manners before- mentioned »
the person or persons so offending, their coun-
ctellors, aiders, aud abettors (knowing of, and
privy to the offence aforesaid) shall be felons ^
From this cl&uie it appears the offence must
be done ;
1. Of malice fore-thought,
3. By lying in wait.
3. Bj^ slitting the nose, &c.
4. VV tth na inteutiou to maim or disfigure*
And we humbly submit ir, that from the
e?idence which has been given against the nri-
sonerSy it most plainly ajtptar^, thattlic deki^*
dan ts are guilty of this offence in c^ ery Cir-
cumstance described by thiii act ol pi^rriiituent.
1. For certainly there cannot In- tlic Irani
question, but that ibis was done ot re-
thought, when it appears from the lo
have been under consideration, and prLUiedi-
tated for three years and an half: and Mr*
Coke had tried several persons, before he couJtl
find any so hardy as to execute bis ba»e pitr*
pose, or comply with so inhumnu ^" -" pi;
and therefore we apprehend th*i l*e
uny colour to say, tnis was not of i**.*.*^^ ..;ۥ
thought.
'J. And that this offence was also done ivttb
VI ait is as clear: for docs it not fully
; ii]H>n the evidence of Mr. Crispe^ that
when lie fiame out of Mr. Coke's bouse, Mr,
Coke gave a whittle or signal ? In vain had
Mr. Coke giveti that «ignaT, if no per»oii bad
been in woitiuj? to have hcanl it : to whol end
had tbit figual been given, U' Mr* Cake ba<il
I
GEORGE I. Trial of John JVoodhume and Arundel Coke, [79
I L. C, J. Have joa anj witDetsen, or iny
body to speak fur you ?
fi'oodburne. My lord, here are my twodao^-
ters in llie Court ; I desire yonr lordkhip wouM-
be pleased to hear tbem, Xiin Woodbnfrie aod
Sarah Woodburne. (Who beings caDed, ap*
peared, and were sworn.)
L. C. J. What say you, Ann Woodbwroef
Ann Woodburne. On the Wednesday belhM
New-year's- day Coke sent for my ftither bjr
bis boy ; I told the boy my father was in bed,
and sick of an ague, and could ont come. Th«
boy came afs^n, and said,' my father must by
1^ ■
IJi.
1 !•>.<
...-.
*
s.
acci.
3.
:«r vou iiani sciven him those se-
^ \ -or iioiik/^vhat did you nexl?
?es$ju immediately to reflect
•^ . /^c. i.x\i went away forthwith
. .fiac. « uere 1 was about to take a
^ ^ « ac<f .
• ^a . s -.eer. )r rudiolenance, or
«tf juictnwuc or information
..^^r !«r ^;«l'«iHiaiit5 jointly and
« .44s. ' MiMii euotudiferunt, et
.^ . o«.^iVic; ' jr *'»|uod aspor-
.. m^ «. Clique ^>fMiiavit ;*' or may
.-,i\ 'uiv. .viihout charging
^«.^i«a« t. suiiicieuthr apjicars,
>^ «..,u .1 a»». '.tadi r ibey joined
u.<t * i h: im:h of them
. «..v«. i <>itow!fv cbax on snch
,». »..»;«; d M*iiiv v>f ihe defen-
^w.t.iLU. -.au >uitfr» convicted ;
-.*> .1 iH; jiiaix^ &s several
%«N«.i itf «*uu:^ H it purport
''« .ivu^v ijoict^ doth not
V w.u 4Ci if dll the de-
.^ ^..«.*: ict vuitfd with some
.. v:. .1. .cicci JT omission of
..tv»h tjicti it would be no
. .-. j[^ t oiui imde without
>. .;. .«u> t|t^r\uKtit'ship re-
.^. ...<., 1 » oivti ott«e it must be
v<. . «-ii^«i '.iduVr which must
....« .««; *}i HHNU way offend
»« ... ux. .ti«; jumts not, the in*
.. . ...;v*u .ua«i ^'baripv ihem se-
.:«> V . 'Uk :t is absurd to
.%.v. VwAU3tf ih«* olfenoe of
. . .».,> iwoA k avfivc pecidiar to
, .« tv i^v 'cdiM^u a joint in-
^ ■ •«..«, 'CI :it>i lepairiog' the
^^.sM..-^^ ^vuti iMi'nuuashed."
N^^ ^^- j«, ^.M>, one reason
!w.cu^%uibi cannot be
.^, •>. ;i«,'ijur\ is, that the
v »4i Vi'*.^ ^^ ''^'^ evidence
.^wuiui oue. I recollect
^. . *%tWiM tried toother
V ^vk.uoi All J experienced
vv .»««Atly statetl in his
..» ,>«4.i%>uly *f the evi-
V .vic to both the pri-
, ^. .. -t.^ •.I.C4I, nhen thejii-
, .. .• .a .1 %«:»dici of guilty
-. ?^ ^.ca*^ w to the ground
" , \ .%H, 5 a|»|»o»red that the v
.(^^j^X^ti ••»»*««.•» the whole
* ^ ^, ,.;«» tariiitir insttruction,
• '/* .^s jiihI convicted one
** >...^ '^M^ry, and Saver,
^ '-^ I't* w^aiutfiit. (qu. com-
"^S^a, . ,M< that anv man,
^^^^' ,j| r»»»^»** in the same
all means come ; but he wooM not then go';
but he went to him on New -year's- day m tb*.
momiAg, and came home again. Aboat five
or six o*ck)ck in the evening, my father weal
ont with a hook in his hand ; arid he sakl, he
should not be at home till eleven or twelve at
night ; and if any body came for him, he bid
us not take anv notice but that he was at home.
We thought te took the hook to cut some
wood with.
L. C, J. Have you any thing more to say f
Ann Woodburne. When my mother died, I
went to Mr. Coke's to borrow 5s. of him, to
have the c^reat bell toll for my mother, and
told him, that my father would pay him again.
He said, what signified the ringing of the
great bell ? Her soul would be never the betttr
for it ; but if he will satisfy me in my request^
be shall have five times five shillings.
L. C. J. Whot say you, Sarah Woodbaraef
Sarah Woodburne. Coke did frequently send
for my father at all times, b<}th of day and
nijrht ; and he would often come to my rather,
and when lie came, they would go out, and
walk down the back-side, and talk together.
After this fact was done, Coke sent his boy f&t
my father, and the boy snid, they must not go
together ; for if they did, people would Ukf
notice of them.
L. C. J. Woodburne, have you any thing
more to say P
Woodburne. This day nine weeks, which
was a week after the fact cominitte<l. Coke
sent for me, and said, John, 1 wish yon wonid
have done the thing 1 ordered yon ; hot yoe
have been before alderman Wright and the
recorder, and have told your story well ; hot
bold you fast, they will examine you again ; 1
shall —
L. C. J. This is subsequent to the fact, and
is not evidence as^ainst Coke. If you, Wood-
burne, have done, then Mr. Coke, what baft
you to say for yourself?
Coke. Way It please your lordship, 1 an
much ashamed, and very unable to defend
myself; I am ashamed to think 1 should be
concerned in so heinous a crime against Mr.
Crispe's life ; I am even confoundeil at it ; it
is indeed a very great crime, and ! know not
what to say for myself. As for Woodbnmo^
he hath asserted against me several things tint
are false.
L. C. J. 1 hare told the jury, that whnt kp
bath said is no erideoce against you.
Jor di^lgftnng EdxxHtri Crispe,
A. D* 1722*
fCdbr. Wli«0 1 fk«l rnkt «f this matter t/i
b« Mtl, be ib^d value it do
«M» tiMB Ilie ritttiiif; off tKe head of a
^. I M, kd^^d^ n^o o«ft wiih Mr. Crispe
tteoi^lil, tHii 1 WA* H«H near him vrben Wood-
ymwm mwdk hkai, bui rrtrt^ated to my own
l«w m * tmommuL My lard, 1 am rery sen-
iiirikift a fwiiit ^ law may arise on the sta-
MiK «Wr«B« 1 am mdicted.
LC i Wh^trvmf
Cskm, liAli reMpvol to my inienlion.
1. C /. Yoor loMimoD is matter of fact,
bjj' T^rr f-rr ; whether yoor
lar *^j thii doth not
mr lo l»t* f ' . Uvv ; if there be
«ff«ftlafla>^ »ri«Cf you shall have
§fm^ ; i . rfiil whether you slit
Hi wiiH an intcotion to disfigure
laMilitfffart.
Mjr ialmt was to tiill Mr, Crispe, and
■:»Tm «r tfffflgiMre him.*
' ' MS the question ihe jury
V au did not ot' Dtalice sht
k«*»-5^ wtih jii latent to dt^6^re him? If
li*/m do ocil Hud ihut yoit so did, yw% must
W ^mfguMt^ Oil iht« indidftient. Hopposing-
' iif« f«^SA lo kiUp yet your de«i^ might
wtm to niBim ; and this the jury must
of fact for thtirconsi-
C^e. "niii% it m twy peool rtatute, and I nm
■^ It. ^Am-utl nt*^ Abvii eause ; I beg your
•4i iiseL
4' ' I f taw doth arise upon
il ttauiir, yms fthail hare cmtiisel ; but aa
M n'Hhitisf ^^^t matter of tact ; wbe-
tike I5act [*TOfed doih «itrjfporl the charge
riMi«rtniefit ; or, in other words, whether
n^mnb lit- t ui make ^ood the
^m^ • thm fTM to ihe jury ; I will
■^ J ii» ill Hi!, and ibey are on their
Mp > thdr verdict,
CI»U. I iii« i« a very penal alatute, and f
aaaac mwigita it for myWlf ; 1 hope your lord-
<>n thiif luhject, «ee Haw-
. .. -. -, i,t Crown, book 1, ch, S5,
e, ^ I (»oo thia CaiM*,*' tay^ Mr. Eaal
Lftw. ebap. 7, tfct. Ii ) '* Mr. Justice
■errrd, ihul il seemed to him that
>aiai of thi4 defence, ullowin|r the in*
I H> lir what I he prisnopi^ contendefl, was
^AehuI ; aii4l that an intrtaton of violence
ifctuiiiiiual and malignant could not exctise
^mimm otte tliaf wa4 le«a so. Vet on the
•• ■ am- «*f i! 1 00 Carrd'fl Caae,
W^S. «f}.| \ v|kfea8ecl tome dtssci'
M^MI wiib Uiki rnte, nud tbouglit at Icait
telWoMiatnicikm onsht not to be carried
ii^ar.** Lftf»i H- ' ' - ' i T.-, Ihatcri.
^aliUUile* •! hy equity.
Mm i^aii ife^ i-...; .*...;... k„ i^,. |*artof the
Mm b diradiiif the jury did L. C\ J. Kintf
tf^B M ^.f^fCr^htr ii> thii iuvt- Mm> reasiiniiicf
I lhe!ii):lh
rl
»hip will astt^n mo counsel ; thia is tho first
indictment tliai over wna upoii Ihts atatiale.
£, C. J. ^Vhat do the king'H counsel sst
to fi ?
Seij. Sflhy, After so full an answer as your
fordship haii g:iveD, I think il but vain to say
any thing ; I a) way a ibought that no matter
of law could arise upon thia fact and indict*
meot, for Woodlnirne did the fact of malice
forest houyht, by lywi|^ in wait, and with an \n*
tention to maim ; Mr Coke was aiding^, abeU
ing, and privy to the fact : therelbi-«, ihougit
il waa ao intent to kill, it must be to maim
also ; he could not intend to kilt him with such
an instrument, without intending to maim bim
ftrst; and therefore, if their were two in tea*
tioos, and but one executed, there is bo pre-
tence to say, that what was executed was oof
intended. Mr, Coke says, that never was any
iod ictra en t before upon this slalule; if not, if
must be because no nmo before ever thought of
being guilty of ao horrLil an aclicn.
L. C^ J, If any point in law doth arise you
shall have counsel : hut the fact must be
agreed and stated, before the law can come iit
debate. You say, your intent was only to
murder ; but that is not yet agreed or found
to be the fact : it is the point now in trial,
whether you did it not with an intention to
maim or dj!ifi^:ure ^ and according as that in*
l^ntioD shall appear to the jury, so will they
either acquit or convict you ; therefore, if you
have any Ihiiftg more to say, 1 desire you to
go on.
Coke. I submit to your lordship's judgment,
Ir. C* J. Gentlemen of the jury, this is an
indictment of the prisoners at the bar, John
VVoodburne and Arundel Coke, tor fek)»y, by
lying in wait, and purposely and maliciously
slitting the nose of Edward Crispe« with in*
tention, tn s*> ihing, to maim or dii»figui'e the
said Bdward Oispe, John VVotMlburne ta in*
dieted for the principal nctor, or Ihe person
who did till* fact ; and Arundel Coke is in^
dieted for being present^ aiding and alietling.
This inditlmenl is ffjunded on a statute made
in ibe *2'ln*^ year of king Chsrifs tlie itecoud^
entitled. " An Act to prevent uiidiciuus maim-
tiig and wouufling ;^* wherr by it is tTiacted, thai
if any pf rs<m or pei^ons, from and after ihe
a4th*day of June, in the year of our Lord
1671, on purpi»se, and of malice fore-thought,
and by lyingr in wait, should unlawfully cut
out, or disable the toogne, put out an eye^
iitt the no«f»^ col off a nose or lip, or disable
Muy hmb or memlier nf any suhjectof his ma-
j«^tyt with in lent ion in so d'*ing to maim or
dintigure, in any the manners before-mentioned,
uiich his raoji^ty*« subject, that then, and in
every such cuse« ihu persnn or ptTSons so
olfen (ling, their rounuellors, aiders and aliettors
(kiioMiog of, and privy io the t>lfence, as
Jilores^rtid) Minti Iw. an* I are thereby drelarpd to
be telons, and shall suffer im% Ui cases of felony,
w ilhout benefil of the clergy. Now the ques*
tirm on this indictment, h^ whether Johit
\^ oodbume did on purpose, aod of maltioa
^
^
%
»
71] 8 GEORGE L
L. C. X After yon had given him tho^e »e- i
Trral lto\^'s with your hook, what did jdu ntxi? ^
Woodburne. I began immediately to reflect
oti what 1 bad done, and went iiway forthwith
to my own honse, wbere f was about to take a
line to hang' myself.
carrying awayofadeer^ or maintenance^ or
extortion, Sec. the indictment or inforraation
nitty cither charge the defemlanls jointly and
Be?erally; as thus, ** quad custoaiverimt, et
nterque eoruni custodirit ;** or ** auod aspor-
tav erunt, et eorum uterque asportavit ;'* or may
charge them jointly only, without charginff
ihem severally, because it sufficiently ap|*eai*»,
ffOtn the construction of law, that if they joined
ID such actj they could hut be each of them
g^uilty ; and from hence it follows, that on snch
indictment or information some of tbedefcn*
dant5 m fly be acquitted, and others conTJcted ;
f}ir the law looks on the charge as several
affainsr each, though the words of it purport
only a joint charge against alL
*« But where the oBTeace indicted doth oot
wholly arise from the joint act of all the de*
fondants, but from such net joined with some
personal and particular defect or omission of
each defendant, without which it would be no
oHeoce, as ihc following' a joint trade without
haying' scrred a seven years ajiprcDticeship re-
aitired by the statute, in w htch case it must be
liie pnrtienfar defect of each trader which must
make him guilty, and one of them may offend
a^inst the statute, and the others not, the in *
dictmeut or informilion must charge them se*
ferally and not jointly ; for it is aUurd to
charge them jointly, because the offence of
sach drfeodaut arises from a defect peculiar to
tiim9ett« And for the like reason a joint in-
dictment against several, for not repairing the
fltteet before their houses, hath been quashed/'
Pleas oi' the Grown, book 2, c4j. 25, § 89.
In a Case in Strange (p. 9^1), one reason
assigm>d why severaf defend an Is cannot be
joined in one indictment for perjury is^ that the
jury niii^'ht on the trial apply to all efidence
which is but evidence agahist one. I recollect
that in a case of two persons tried together
at the Old Bailey, the learned and expenenceil
magistrate who presided clearly staled in his
charge to the jury, tliat part only of the eri-
dence girtn was ap|dicable to both the pri-
^toners: mnwithstanding which, when thejn-
rfoi*s, who had brought in a verdict of guilty
rigainst W(h, were questioned as to the ground
t>n which they proceeded, it appeared that they
bad applied against both prisoners the whole
t^videuce given; so, after farilier instructiooi
' amended their verdict, and convicsed one
Facquitted Ibe other prisoner. At the end
the t.'a^ i»f Nolde, Naliihury, and Sayer,
^toL 15, page 731, is an argument, (qu, com-
[ posed by Einlyn). to jirove that any man,
.though Joi 111 ly uidieted with oihers in tftesame
fnilictmeni, may of right imist to be tried
iingly.
Trinl of John Wnodbnme and Antndel Coke, {79
L. C. X Have you any witnesses, or any
body to speak fhr you ?
Woodburne. My loul, here are my two daugh*
ters in tlie Court ; 1 desire your lonfship wouiil'
be pleased to hear them, Ann Woodbtmw and
Sarah Woodburne. (Who being eatled, ap-
peared, and were sworn.)
L, C. J. What say you, Ann WooiMwrtie ?
Ann Wnodhurve, On the Wednesday before
New-year*S'day Coke sent for my Ikther by
kis boy ; ! told the boy my lather was in bed,
and sick of an ague, and could not come. Tbtt
boy came again, and said,' my father mtT'^t by
all means come; but he wowld not then .i. ;
but be went to litm on New -year's- day m tb«
mornitig« and came home again. About fiv9
or BIX n*clock in the evening, my father went
out with a hook in his hand ; and he said, h^
should not be at home till eleven or twelf e at
night; and if any body came tor him, he bid
us not take any notice but that he was at home.
We thought he took the hook to cut some
wood with.
L. C. J. Have you any thing more to say f
Ann Wtxxihtirni, When my mother die^, |
went to Mr. Coke*s to borrow 5s. €»f him, tut
have the [jreat bell toll for my mother, and
told him, that my father would pay him again*
He said, what signified the ringing of the
great bell i* Her soul would be never the better
f'lr it; but if he will satisfy me in my request,
he shall have five lime*! five shillings.
L. C. /. What say yon, Sarah Wood bu roe f
Sarah Woodburnc. Coke did frequpntly send
for my father at all times, both of day and
night ; and he would often come to my father,
and when lie came, they would go out, and
walk down the baek*side, and talk together.
At^er this fact was done. Coke sent his hoy fo^
my father, and the bny sniil, they must not go
together ; for if they did, people would take
notice of them.
X. C. J. Woodburne, have you any thingf
more to say P
Woodbiirne. This day nine weeks, which
was a week afker the fact committed, Coke
sent for me, and said, John, I wish you wouht
have done the thing I ordered yon ; but yoa
have been betbre alderman Wright and tb^
recorder, and have told your story well ; but
bold you fast, they will examine you again ; 1
shall —
L. C. /. This is subsequent to the lact, and
it not evidence against Coke. If you, Wood-
burne, have done, then 3flr. Coke, what have
you to say fiir yourself.*
Coke, May it please your lordship, 1 mm
mueh ashauied, and very unable to defend
myself ; I am ashamed to think 1 should be
concerned in so heinous a crime against Mr,
Crispe^s lite ; 1 am even confoundeil at it ; it
is indeed a very gieat crime, and I kni»w noi
what to say im ujyself As for Woodburne,
he haih asserted against me several things that
are false.
L. C. X T have told the jury, that what bp
baih sud is m evideace against you.
J6r Sffigmfttg Edward Crispe*
A, D. 1722,
[74
Cilr, Wh«A 1 icit WMkt of this matter to
b« wmt\^ ne ftho«ld value it no
tliK mctmg off the bead of a
d||. I iImI, #mitt<4, go o«i with Mr. Crispe
taoiflM, iMif I Wtt^MMsar tiiitl wlieti Wuod-
hmm mntk, hicB, bot n>triAiei) i^i tity own
li^M m • munacflt. My lunlf 1 am rer}/ sea-
m pnhnt of Iaw may arise on the sto-
1 min todicted.
Wiah f«M«llomy loteotioii.
. il /. Y<mr Mrt«nlioo is notter of fact,
1^ tned by ^^ /"rw - wWiher yoor
ittoanuinafi , iliis doth not
•iflM lo be a I ivv ; if there be
teCt«i« I AYi^, yod shall have
■k ! »mt *fh€iher you slit
' with an iulcotioa lo disfigure
' #f fad.
My Miettt waj to kit! Mr. Crispe, and
^1 iH the qoestiou (he jury
.>u did not ut niahce «)i(
■Vt- ^ disfi^rc him? If
•if/ \ f'U so did, you must
W M^itovi on ini^ luiiiL'tftienI* Hfipposrng
r»#«if9 was lA kill, yet your design rni^ht
U#raft to tnmtm ; and this the jury itiust
^' Mm I* nittiler of fact lor their const-
C^, TkW b « f #fy ^eiial 9la(Qte, and I am
«■»:« m plifsd my aim eause ; I beg your
,N la a>»fcu mc ronnseU
J, If any p^nnt wf law doth arise upon
If hare counsel; hut as
itiit nialter of t»et ; whe-
te 4« tskei Jirof tfd doth sii|f|K>rt the; charge
• ^ m6m:%mmii ; or, in other words, whether
'te»«5r bt »iflficient to make ^fowJ the
; tbis Mmut be lef\ to the jury ; I will
wmt tar fa ^ ud ihey are on their
Titt-^ i^ iiaI •tatute, and I
mtjptc it i I ; J hojie your lord-
I the taw opon I his suhject, see Haw-
»» of the Crown, UJiik 1, ch. 55,
. this Case/* says Mr. Ea»t
ii *P 7, scf't. 6.) ♦*Mr JuiTlice
%m» kap nbarri - ncemed lo tjitn that
I ot *e, Jillowinj; the in-
I la ^ wliti^ rtiM's conleodtNl, was
ami : . iiiieniion of violence
al %nd iii^h^unni could uot exru»c
mmm tbal wait less so. Yet on the
uT ilfc jttdgvB on CarroPs Case,
aiKf Eyre B. tlprevsed some dissn-
} iritb tj^a case, oud thought at least
Delicti ou4;ht nut to be carried
.,,v ,- , ,r,,..,\ .ft.., ibatcri.
I*y e^juilv.
^j.irt of the
I L. C* J. Ktng^
. the reason intf
jiifi of the sixth
KM chapter above
ship will assign me roundel ; this is the first
indictuieut tliat ever was up(»n ibis statute.
L, C. J. What do the king's counsel saj
to tip
Serj. $rlh/, Afier so lull an answer as your
lordship haij ^^iven, [ ihiok it but vain to say-
any tbio|r ; I tilwnys thought that no matter
of law could arise upon thii fact and indict*
meot, for Woodburue did the fact of malice
fore^tbou{j;hf, by lyiog* in wait, aod with an ia-
tentiou to roaim ; Mr Coke was aiding, abet*
ing*, and privy to the fact : therefore, thouffti
it was an intent lo kill^ it mu9t be to maim
also ; be could not intend to kill him nith sucti
ao instrumeot, without intending to inaim him
first ; and therefore, if there were two inten-
tions, and but one executed, there is no pre>
tenoe to say, that what was executed was not
intended. Mr. Coke says, that never wasaay
todictment before upon this statute ; if not, it
must be because do man before ever thought of
being- guilty of so horriil an action.
L\ C. J. If any fmint ia law dotb ariae yoil
sliall have counsel : but the fact must be
a^n-eed and stated, before the law can come ia
debate. You say, your intent was only to
murder ; but Uiat is not yet agreed or lound
to he the fact : it is the point now in trial,
whether you did it not with un intention to
maim or disB^ure ; and accord ing^ as that ia<.
tention shall appear to the jury, so will ihey
either accptit or convict you j therefore, if you
have any thing more to say, I desire yoa 10
go on.
Ci>ke, I submit to your lordship*s judgment*
L. C X Gentlemen of the jury, this is art
indictment ot the prisoners at the bar, John
Woo^Jburne and Arundel Coke, for tek»tjy, by-
lying in wait, and purpoaely and maliciously
Klittii^ the nose of £dward Crtipe, with to*
tention, in so doing, to maim or disfigure the
said Edward Crispe. John Woodburne is in-
dicted for the (trincipal actor, or the persoQ
who did the fuel ; and Arundel Coke is in-
dicted for bcMHg present, aiding and abeftiiir.
Thj5i indictment is founded on a statute made
in the '}2nil year of king Chiirles the second,
entuhfK ^^ An Act to prevent m id icious maim-
ing and wounding ;^' whereby it is enacltd, tlial
if any penMui or persons^ Irom and after the
'i4th day of June, in ihp year of our Lurd
1671, on purpose, and of niiilu-.e fore-thou]*ht,
and by [ytn^ in wait, liliould unlaw fully fut
ntit, or dtsuhle the tongue, put out ao eye,
aijt the nosr, cut off u nose or lip, or dii^bk
any limb or mendier of any subjectof bis ma*
je^ty, with inieiiritin in so doing I0 m^jfQ ^
di»dgurf, In any the uianm^rs belbre-oicaiMt^
fKiich his inajtvty^s subject, thai tbaa, wmi^
errry such case, the persna ar
ofTcnding, their 1 ouuiiellors, iid#ffti
(knowing id*, and privy to
uforeMtid) t^hnll be, and are thoiAw i
be feluos, and fihatl suffn tu^ w t
without benrfSl cdtl
tion on this tndir .
Woodbume did 0
T51
8 GEORGE L Trial of John Woodbume and Arundei Coke^ [7S
fbre> thought, and b^ Iving^ in wiit, UDlavr- ;
fully slit the nose of EJward Crispe, with an '
inteution to maim or disfi^re him therein P
And, whether Arundel Coke was feloniously
present at the fact, aiding and abetting Wood-
puriie in the commission and perpetration of
it ? To make '^ut this matter, several witnesses
have been called ; the first witness was Ed-
ward Crispe himself, who informs you, that
Arundel Coke married his sister, and Mr.
Brown, Coke's sister; and that last New-
year's- day they were iuvited to sup at Mr.
Coke's ; and that before supper Mr. Coke pro-
posed to ffo to Mrs. Monke's ; and that after
supper, about ten o'clock at night, Mr. Coke
called Mr. Crispe out of the parlour to go to
this Mrs. Monke's ; and that when they had
walked three or four turns before the bouse
where Mrs. Monke dwelt, Coke stood still,
and made a noise like a hallooing, which
made Mr. Crispe afraid, being dark, so he
made toward the wall ; but in a quarter of a
minute's time, a man came and kuock(:d him
down : who that man was, nor what Mas then
further done to him, he could not then tell,
because by the blow he lost his senses for some
time ; but afterwards he got up again, and re-
turned to Air. Coke's house, from whence he
came, but in a sad condition, much wounded
and bloody, where Mr. Sturgeon the surgeon
came to him, from whom you have the par-
ticulars of his case. He says, that Coke was
close by him when he was knocked down ;
but did not hear Coke say any thing. He
also says, that upon his death 100/. per annum
would have gone to Coke's wife, as one of his
sisters and co-heir.
The next witness is Mr. Brown, who mar-
ried Coke's sister; and he savs, tliat he, his
wife and daughter were invited to sup at Mr.
Coke's the evening of New-year's- day ; that
he came about six o'clock, and found Mr. Coke
and Mr. Crispe drinking a glass of wine in the
parlour before supper ; that he sat down and
drank with them till supper, that after supper
they three came into the parlour again, and
some time after Coke went out of the room,
and then came back again, and called Mr.
Crispe out of the room, who followed him ;
that Coke returned again in about ten minutes,
and seemed to be out of breath, as if he had
beeu walking faster than ordinary ; thatCoke's
house is distant from the church -yard alraut
twice the length of the shire-house; that
Coke, af\er he came in, drank a glass of wine ;
and that Brown asked Coke what was become
of Mr. Crispe ; and that Coke said, he be-
lieved he was gone home in the dark ; and that
in about two or three minutes after Mr. Crispe
came in much wounded and bloody ; and that
it was about half an hour between the time of
Mr. Crispe's going out and returning again.
Mr. Sturgeon the surgeon swears, that being
^ent for, he came to Mr. Crispe about eleven
o'clock that night ; that he bad lost a great deal
of Mood, and waa very much wounded; and
that ia the whole he bad reed? ed ae? ea die*
tinct wounds, which he apprehends were by to ^
many several blows. He hath given you a
particular description of the several wounds;
the second wound is that which ia alleged to he «
within this statute. He tells you, that thia
wound divided the right side of the nostril ; and
that though the edge of the nose was not cut
through, yet it was cut through in another
place; the nose was.slit; there waaacutfroA-
without into the nostril : indeed the slit was ooi
very great, for he sewed it op with one atitch ;
but he is sure that a slit there was, and ^oa
have seen Mr. Crispe's nose. Now the alitting
of the nose is one of the particular facta men-
tioned in the statute.
Mr. Willet the constable swears, that he waa
with Woodburne after his commitmeni, and
that he told him, he was concerned in the
wounding Mr. Crispe ; that he had been then
waiting for that purpose ; and that when Coke
whistl^ to him, he went un*and made the aa«
sault upon Mr. Crispe vi itn an hook or biil|
that was new- ground for that purpose, and di-
rected him where to find it at his house, which
he accordingly did, and brought it to Wond«
burne, who said that was the hook ; and the
lMK)k hath been now produced before you, and
you have seen it.
The next witness is Mr. Wetherell the gaoler,
who swears, tltat the day after Coke waa com-
mitted to his custody. Coke sent for him up
into his chamber, and told him, that he ana
Woodburne had had a design to munler Mr.
Crispe, and had attempted it several times, and
desired him to go and secure Woodburne;.
which he accordingly did. He hath gives'
you an account how and in what manner ha
secured him; and he swears moreover, thaf
Coke told him several times, that he had a de*'
sign to murder Crispe, and that he employed
Woodburne, and delivered Crispe into liii.
hands ; that Woodburne did it with an hook,
and that he bade Woo«lbume to cut his wind-
pipe ; and that if Woodburne had not been a
cow- hearted dog, he would have so done, and
secured Crispe from telling tales. Wetherell
likewise swears, that Coke told him, that br
called Crispe out of his house, went into the '
church-yara with him, and there delivered '
him into Woodburne's hands ; and he farther
swears, as to Woodburne, that WcMidburnn '
owne<l that he and Cuke had lain in wait se-
veral times, and at several places, to munler-
Mr. Crispe ; and as to this particular fact, bn
gave him this account, that he siruck him %•
blow with a lim»k, and that not quite striking
him down, he gai^e him a sectmd blow; anv
that as Crispe was tailing, he cried out, Gmk?
damn him ; and that then it grieved him tokil|i^
a man witli an oath in his mouth. .el
Robert MiMin swfars, that .when he bcnHU
what was befallen Mr. Crispe, he aaid, thai
knew the person that did the imiA^ or him
employed the penoo ; and the i
cause about three yeara and a half
Cokeeeniforhim. and
Mr.CriipeoataC
77J Jw dufigufing Edward Crispe^ A. D. J72f. [78
Mt wwHil kiMck him on the head ; and that Mr. Criipe, nor the Gnttiog or knockiDgf him
vhn be asked hiai what advantage that would ■ down with his hook ; his coiifessioD is not e?i-
ketohim? He replied, a very good estate ; j dence against Coke, but it is against himsHf;
•ad aftrrwarda told him, he did not value ten or , and you hear what he liatb owned ; that last
i«nty euinems to knock him in the head: | barley- harvest Coke sent for lum to mend hia
Tkm made Bloon reflect upon himself, and was ' copper, and then ordered him to meet him at
cseccmgd that he should have such an opinion ; another place; whicli was accordingly done ;
af Urn ; and tbeieoo told him, that he would j where Coke told him, that he had a thing for
■aikiU the jpeatest villain in the world for ten '•. him to do, but it was not to be done presently;
Mdilmisas Bury. ^ | and if he would do it, he should want tor
Jaha Carter aweara, that on Friday before i nothing. And when he asked him what it was f
He said, to set Crispe aside, that is, to kill him ;
and Coke gave him eighteen pence. That then
he told him, he could not do it ; that Coke
solicited him several times afterwards to murder
Crispe ; the particulars whereof I do not enu-
merate, because they principally relate to Coke,
against whom it is not evidence ; but yet thej
so far relate to Woo<iburne, as to shew hu
knowledge and delilieration in thia matter;
iMw-yar'a-day last. Coke sent Woodbume to
Uai,iildl him that his master Coke wanted to
tpttk with bina ; that thereon he went to his
^MK, and was ordered to come up to him in
kb ckamher, which he did ; and there Coke
ios mnircd, 'Whether he could help him to a
fasdrtraoip hofse ? And then told him, that he
haal he bad kwt much of his business ; he
Wit iron, nor coal ; and that he had a thing
that #ould make a man of him ns therefore to come to the day whereon this fact
-.1 - *.,-! «i...>.^.. — !,«.! !.:.« ,..i.«. ! was done, Woodburncsaitb, that about eight or
nine in the morning Coke sent for him, and
told him, that that day they should have the
fairest opportunity to kill Mr. Crispe ; and it
was agreed between them, that iVoodbume
shoii'd be in tlie chiirch«yard, at Mr. Morrice'a
porch, about eight o'clock in the evening. He
accordingly went with his hedge- hook or bill,
which hatli been here product. Coke came
out to him twice by himself, and the third tims
a little after ten o'clock Coke and Crispe came
out together ; and then Coke whistled, which
was the signal between them; and thereon
Wooilburnc came up, and owns, that ivitb hia
h(K)k he cut and knocked doun Crispe, and
that though he never hennl Crispe swear before,
yet thnt now, as Crispe was falling he swore
Ciod dair.n him ; whereon he gave him those
spvcral n:iier wounds and blows that Crispe
icceivt'd; and then reflecting on what he hid
done, inimcHlintolv wentto his own house, where
r«he li«ed; aud thereon, asked him, whe
ifccrht CQoid keep a secret, and one of the
^|Ul secrets in the world? And upon his
triHf him that he could, be asked him whether
bcwkl cut five or six men's heads off without
I of conscience ? And when he told him
ilhat was too much for a man's conscience
fekir, be told him, there were those above,
■aaisg the South -sea gentlemen, who ha«l
Asc tea times worse, ruined families, and bcg-
^ti gentlemen ; aud that to cut men's heads
4 was bat a trifle to them. Tliat hereon
told biro, he believed he spoke only in
MMTupie of convcienccP And whrn Carter
•N bini, No : Then Coke told him, xi' he could
■I est off a man's head, and lay it tiown en a
ftMt before him, he was not for his turn ; and
save him a glass of brandy, and bid him > he was about to take a rope lo hung himself.
tr of it tor a day or two, and if he could
^ a man's head without scruple of con-
e, he khoutd have plenty of gold and
and any thing else he should ask:
Carter repl\ ing, that he needed no
9-atioD, he could not do it ; then he bid
Dd Wnodburneto him ; which he did.
■h all this discourse between Carter and
, Ui I do not find that Crispe was the person
Ion nliom this outrage should he com-
I; Itul Carter, who is a tenant of a houso
!.Cn«pe's, says, that Coke told him he
i tbe bouse was out of rcpnir; that it
I'y this dofcnce of Woodhurne, you see that
he (ioth not dtny the assaidting and wounding
of Mr. Crispe ; * buL that that he chiefly insists
on is, that what he did was by the solicitation
and procurement of Mr. ('okc; which is no
justitication or excuse. Ilowcvrr, h-^ hath
I called two witnesses, Ann and Surah Wond-
I hnrne, his two daughters, to prove that Coke
, did frr(piently semi for their talhcr, and often
I came to him at his own house, nnil would be
. in private ronfereiiee tojjt?lhor, whi<li probably
was ai>out this m:itt(T; but if it were, this only
I confirms w h:»t WorMlhurne insists on, that he
be bis af^er Mr. Crispe ; and asked him, \ was solicited and hired by C(*ke to do this fact ;
be would not like it better for Coke to ! which, as I said, will neither justify norexouse
m in repair, as be had done before, whilst him ; fur no man is to obey the umIh^^ f uI com-
€ri»pe'8 steward ? i mands, or hearken to the illegal advices of any
*tbe substance of the evidence given ' other person whatsocfver.
* prisoDers at the bar, to prove that I As for i>lr. Coke, that which he principally
^•nsly. and by lying in wait, have | puts his defence upon is, that his intent was to
Va'nosewith an intentto disfigure i kill and murder Mr. Crispe, hut not to maim
him, or to slit his nose, or to disfigure him in so
<loing; and therefore, though in |iiirsuanre and
execution of the attempt to iiiurdcr .Mr. Crispe,
^ BSt deny tbe tfenersi fact,
^iV ia wait to assault
79] 8 GEORGE L Triai of John fVoodbume and Atundd Coke, [80
tfaeyiUi bit nose, or miif^bt tberdiy disfigare
D, yet tbat not beiniif their iDlention and de-
sign, ne is to be acquitted on tbis indictment,
wberein tbe intent of tbe party is one of tbe
principal inin^ients to make him guilty. Tbb
same defence will serve ateo for Woodburne,
that they intended to munler, but not to msiro ;
"and if they did maim, it was with an intention
to kill and not to disfigure. Now tbis indict-
ment is, a<« 1 told you. fouodiM on the S9rid
and SSrd Car. 9, c. 1, fur that on purpose, of
malice fore -thought, and by lyinij^ in wsit tbr
prisoners did unlawfully and feloniously slit the
nose of Edward Cris|ie, with intention in so
doing to maim or disfigure him. Woodbunie
is chsrged as the actor or principal agent, Coke
as being present, aiding, and abetting ; which
in point of law, is the same, as to the guilt and
conscience, both being in law principals.
That this attempt on Mr. Crispe was de-
aigned, malicious, and by lying in wait, the evi-
tlence is very strong ; there has been also very
•trong e\ idence given, that the nose of Mr.
Crispe was slit by Woodburne, and tbat Coke
was present on tbe same design with Wood-
burne.
But the thing chiefly insisted on is, that the
slitting of Mr. Crispe's nose was not with an
intention in so doin^ to maim or disfigure him ;
and if it were not with that intent, then the pri-
aoners will not be gailty upon ibis indictment
Now, gentlemen, wluit the intent of these
persons was in slitting Mr. Crispe's nose, you
are to try ; this is a matter of fact for your
consideration and determination : it is the same
ID other felonies, where the intent of the porty
makes the crime. Burglary is breaking open
sui bouse in the night time, with an intent to
commit a felony ; though no felony be com-
mitted, yet if tnere was an intent to do it, it is
burglary ; which intent is to be tried by the
jury. Larceny or theft, is taking away ano-
ther man's goods, with an intent to steal ; if it
were without such an intent, it would only be a
trespass aud no larceny ; but whether it were
or were not with such an intent, is a matter of
lact to be enquired into and determined by the
jury. Nay, the intent is so necessary in all
felonies, that a person who hath no intent or
design, as a ma J man, lunatic, infant, &c.
cannot commit felony for that very reason ;
•because he cannot have any intent or design in
his actions. So that in this case you arc to try
no other matter than what is tried in other
felonies, viz. the intent of the party.
Now, how is the intent of the party dis-
covered in other cases? by the facts them-
selves, by the precedent, concomitant and sub-
aeqoeot circumstances of the facts, by the
manner of doing, and the like.
There an; some cases where nn nnlawfiil or
felonions intent to do one act, may be carried
■over to another act, done in prosccatton
thereof; aud such other act will be fdany,*
• See Leach's Hawkinses PkuoftlwCmnii
■ 1, c. 99, 111,
because done in prosecution of an nnkwfal or
felonious intent. As, if a OMn shoots at «
wild fowl, wherein no man hath any property*
and by such shooting hsp|>ens unawares .to kill
a man ; this homicide is not felony, but only
a miitadventure or dianoe-medley, bcoinsaJt
was an accident that happened in the doing of
a lawful act : but if this roan had shot at a
tame fowl, wherein another had property, but
not with intention \o steal it, and by such abooi-
ing had accidentally killed a roan, he wouM
then have been guilty of manslaughter, be-
cause done in prosecution of an unlaiHul actios,
viz. committing a trespass on another*! wp'
perty : but if he bad had an intention of steuiiiff
this tame fowl, then such accidental killinf it
a man would have been murder, becautt Swe
in prosecution of a fekmious intent, via. as 1^ '
tent to steal. So a man of malice intends la
bum one boose, in execution thereof he bappcM
to bum another house ; tbii is a maliciona ani t
felonious homing of this other house, becauN '
sprung out of a malicious and felonious intent, t
The like may be instanced where poisoa is in* «
tended to be given to one person, and anolfatr =
takes and eats it, and tiiereby dies. And otiHr ^
cases there are of the like nature, where noli :-
done in prosecution of felonious intents, psrtiei- >:
pate of the nature of their origimd from whsnon ^
thev spring. ^
But now the indictment on this statute is Ar ^
a certain particular intent ; for purposely, !■»• ^
liciously, and by lying in wait, slitting Mr. •-
Crispe's nose, with an intention in so dotnf In ^
maim or disfigure : and you are to conadv« ' -
whether the ingredients necessary tomakelUi ^
a felony within the statute, have been provndii ^-~
your satislaction. The facts necessary ta kn
proved on this indictment are, tliat on pnrpaii^
and of malice fore-thought, and by lying i
wait, they unlawfully slit the nose i^ Hb.^
Crispe, with intention in so doing to ma'
disfigure. As to the fact of slitting the
that is directly and positively sworn:
can be no doubt but that it was an unl
slitting. Then the next thing for your
deratiun will be, whether this unlawful slil
was on purpose, of malice fore- thought, ^^^
by lying iu wait? As to this, a great denV
evidence hath been given ; and what
before, and at the lime of the fact, will
you herei n . A nd i f on a review of the cvii
you sliall be of opinion, tbat this unlawfiikV
ting of the nose was on purpove, of malice
thought, and by lying in wait* ; then tla.^
question will be, whether this was an iii%. ^
to disfigure ? Facts do in some mesavk
plain themselves ; and the circumstanc-
coding and accompanying those facts*
manner of doing them, do many tina
* As to what is or not a lying in v^h.
this stotute, sne inLeacb,llMCaiHC^
Lee^ O. B. inly, 1743, of TIm^
Feb. 1778, and of Jobn MUk. ^-'
iBftaMimTW»
Jor disfiguring Edward Crispe.
A. D. 1^22.
[82'
Mf tx^Uun mnA ilecUre the intent of the party*
TVpTMittftef, Mr. Coke, (which tlefepce goes
Ml to bim »ud Womlburue) iuihtSf that their
blmliwo mrns in murder, anrl ntit toiuaiiiv; and
llbl if ibej ilid totiim or sht the nose, it was
«iCb«i mi4:nUon lu kill, aoil not v^ith aa in*
ICfttifNi to maim ordts^uie. On the other side,
it k miistctl on hy the kiag'ei oouo^l, that
dnilfli lb« tiltimare iDtention might he to mur-
4ir, |tf tHrre might bv aliio an intention to
.naioi firf disfigure ; and though the one did
tikr eifffct, yet the other might: an idten-
tktl^ lltl doiii not exclnde an inlt^ntion to
wd di&fig'ure. The instrument made u&e
ii ikis aiWmpt ww a Inll or hedgiog^-hook,
in lis own nature is proper for cutting
UN QiMoiiDg' ; and where it doth cut or maim^.
^itA Dec£&s&ri1y , and by consequence disfigure,
IWaileoipl in lend ed on Mr. Crispe was ini-
ly to his person, to do him a personal
B«f%tde!i« ihe manner of doing and per-
this fact is proper to be considered ;
wms d'icie by fiolence, and in ihe dark,
liie ussailani could not well make any
\ii lows; but knocked and cul on
I Crispe's body, where he could,
tUUe btfd «^utik him down, and done to bim
uliat^rer t^Ise he pleased. And if the intention
was to murder, you are to conisiider, whether
tfcr means made U9e of in ord^r Vi elTect and
•ocKimplisii th&t murder, and the coDse^juences
of thflie means were not in the intention and
dcsi^ nf the party ; and wlielher every blow
aoii cut, and the eousequencefl thereol, were
mM isiended, ms well as the end for wliich it in
•IklCed tituse b\o^M and cuts were f^iven ?
All llie»e several things^ which I have naen-
4re proper for your consideration : you
•lid Uiem to your own observation 5 ; and
tlie wholu, you are satisfied from the
4 that WoodUurne did on purjiose, and
fliftlice fore-thonght, and by lyings in wait,
folly slit tbeuo§e of Edward Cri!<pe, with
inlcfliiino^ in so doing, to niatm or distigare ;
•Ml that Arumlel Coke was ielomously present
M ibe cumuiiaifrioh of this fact, and aiding and
Abetting therein ; then you will find them
Gmlty : but if ibis hatli not been proved to
yoor •ftlistaction, then you are to acquit tbem,
mti dud ihem Not Guilty.
rTbeii the Jury withdrew to conKider of
Ib^r verdict, and in about hatf an hour (Returned
Ci. tif Arr. Gentlemen, answer to your
—Here, (and so Ihe rest,)
CL ^ Arr, Gpnilemeri, are you all agreed
I fMir terdict T — Jurif, Yes.
& Iff Arr, W bo shall say for you P
Jmmi^ Our foreman.
€L\^ Arr* John Wood bo me, bold up thy
mL (Which he did.) l^ook upn the pri*
bow say you ? Is John Wooilhurnc
Goilly of the felony whereof he stands indict*
«d» or ^«t Guilty I ^Foreman. Guilty.
€k ^Arr. Wbat goods or chBttcls', lands or
VOL. XVI.
Fart man* None to our kn^wlalg^.
67. of Arr. Arundel Coke alias Cooke, bold
up thy biind. (Which be did.) How say you ?
Is Arundel Coke alias Cm>ke Guilty of the fe^
lonv whereof be stands indicted, or Not GuiJtyf
Foreman, Guilty*
CL of Arr, What goods or chattels, lands or
tenements ? »
Foremttn. None to our knowledge.
CL of Arr, Then hearken to your verdict,
as the Court hath reconied it You say, that
John Woodburne is Guilty of thefelony where-
of he stands indicted : you say, that Arundel
Coke alias Cooke is Guilty' of the felony
whereof be stands indicted ; and that neither
tbey, nor either of them, bad any gowls or
chattels, lands or leuetnenls at the lime of the
felony commilted, or at any lime since, to your
knowletlge. And so you say alL
Jury^ Yes,
Coke, i desire to know of your lordship,
whether the no«e can be said to be slit withm
the meaning of this statute, when the edge of
it was not cut thru ugh ?
X. C. J, U is true, the edge of the nose was
not slit, but Ihe cut was athwart the nose ;
w hich cut separated the flesh of the nose, and
cut it quile through into the nostril : this I tak«
to he a slitting of the note * ; and the surgeon
swore the nose was slit*
On Wednesday, the 14lH of March, Joba^
Woodburne, Arundel Coke alias Cooke^ and
one Ed^vard Shorter, who was convicted of
burglary* were brought to the bar, in order to
receive their Sentence ; and t be Court pro-
ceeded thus :
CLqfJrr, John Woodburne, hold up i\\j
hand. ' (Which he did.) Thou hast been in-
dicted of telony^ on the statute, tor piirposelv,
^rialicioufflv, and by lyin;^ in wuit, slitting tfie
.tose of Edward Crispe, gf nt. with intention in
so doing to maim or disBgure him. Thou hast
l>eeQ thereupon arraigned, thou hant fdeaded
thereunto Not Guilty » an«l for thy ir»al tboia
hast put thyself ujjon GimI and thy country ;
which country hatb founri thee Gudty ; what
hast thou to say for thyself, why iho Court
should not proceed to give judgment of death
upon thee, and award execution according to
the law ?
To fvhich Woodburne said nolhing-.
a. (f Arr. Arnndel Coke alias Cooke, bold
up thy bund. (Which he did,) Thou bast
been indictetl of felony, on Ihe statute ; fur be-
ing feloDiously present, aiding and ubettifti^
John Wooilburne, in purposely, maliciously,
and by lying in wait, slitting the noi»e of Ed*
ward Crtspe, gent, with intention in so doing-,
* Whether a transverse cut is a slit, wo»
much debated in CarrolN Case, July SeiisioDK
at O. B. 1765. See EsM's PIcos ot liie Crown,
chap, 7, s. 3. There is an account of tins Case
and of the prisoners in the Annuat Regbter for
1765, p, 314. 8ce, too^ in Leacb, Tu:knet;*i»
Case,aB< Ftbruary, 1778,
8Sj
S GEORGE L Trial of John Woodbume and Arundel Coke, [84
to maim or diffigure bim. Thou hast heen
theretijiOD arraigned, thou hatt pleaded there-
UDto Not Guiltj, and tbrtbv trial thou hast pot
thyself upoQ God and thv country, which
country hath found thee Guilty; what hast
thou to say for thyself, why the Court should
not proceed to give judgment of death upon
thee, and award execution according to the law ?
Coke, Though your lordship did not think
it proper yesterday to assign me counsel, yet 1
hope your lordship will now gire me leave to
speak for myself; especially, since I am the
first unhappv instance oF an mdictmeot on this
statute ; no mdictmeut, as far as it appears by
the law-books, was ever yet founded on this
statute, and therefore ought to be very well
weighed.
L. C. J. Call the king's counsel, that they
may hear what is said.
[Then the king's counsel were sent for, and
being come :]
X. C. J. Mr. Coke, you may now go on with
what you have to offer.
Coke. My lord, 1 was saying, that I am the
first unhappy instance of an indictment on this
statute ; no indictment, as far as appears by the
law-books, was e?er yet founded on this sta-
tute ; and therefore it ought to be very well
weighed, especially in the first instance to
whici) it appears toliave been ever applied. It
is a very penal statute, and consequently, by
the known rule of law, not to be carried beyond
the express letter of it; consequently no
crime, of what nature or magnitude soever,
can fall within the purview of it, but such as is
identically the same in every circumstance
with that descrilied by the words of the statute
itself
The crime described by the statute is the
unlawful cutting out, or disabling the tongue,
putting out an eye, slitting the nose, cutting
off a nose or lip, or disabling any limb or mem-
ber, attended with these particular circum-
itanres :
First, Ou purpose and of malice fore-
thought.
Secondly, By lying in wait.
Thirdly, With intention in so
i so doing to maim
or disfigure, in any of the manners beforc-
meuiioned in the statute.
These circumstances must all concur to con-
stitute that particular crime (Wscribed by ilie
statute ; and where any of them are wanting,
of what magnitude soever the oflVnce may lie,
It is nut the ofi'uuce uhich tl)e statute has spe-
cified.
If the first circumstance be wanting, no man
can say that any ofTf^nco, though attended with
the two other, can fall within the statute; this
is suljiciently plain of itself.
As to the second ; A and B, of malice fbre-
thought, appoint and meet to fight a duel ; A iu
the j-encounter runs B into the eye, and puti it
out ; no body has ever imagined this to be
within the statute, because the GircaiMiiioe of
tying iu «i ait it hero wtnling.
As to the third ; suppose A lies in wait to rob
B, B resists, and in the scuffle is wounded, ai
the statute describes, but gets off. This is a
case which very frequently happens, yet no
one ever thougnt it to be within the statute,
nor was any one ever indicted for this upon it i
The only reason of which must be, because the
intention was to rob, and not to maim and dis-
figure the person.
In my case, if it be taken upon the evidence
of Mr. Crispe, nothing moi-e appears than the
assault itself: If my confession be read, the
lying in wait, and the malice forethought will
lie proved ; but then it will be likewise proved,
that I had no other intention but to kill, and
had no other part, but by giving order* to
Woodburne for that purpose ; and my confea*
sion must be taken together.
Nor is it an objection to say, that the crioM
which is proved by the evidence is much worn
than that which is described by the statute; for
if it is worse, then it cannot be the same. Even
iu cases of crimes by the common law, if opoa
an indictment for a crime of inferior nature, the
evidence proves the fact attended with circum-
stances which brings it within the description
of a crime of a superior nature, the person in-
dicted must be acquitted. At summer asaises
at Dorchester, anno 1713, a woman waa in-
dicted before Mr. Justice Eyre, for the mnrdor
of another woman ; upon this evidence, it ap-
peared, that the person murdered was her m»-
tress, which made the crime petty -treaaon.
Thejudge directed this matter to be specially
found, and upon conference with all the judm
it was held, she ought to he acquitted upon thia
indictment, as she accordingly was ; and wai
af\or wards indicted for petty- treason, and con-
victed and executed thereupon.
Where a new offence has been created by
statute, or an old one made more penal, the ut-
most strictness has always been used to comply
with the letter of the statute, whatever incon-
veniencies might result from such a restraint.
As for example:
Bv the statute of the39E1iz.cap. 14, dervy
is taken away from auy person or persona wbo
shall be convicted of taking any money, goodi
or chattels out of any dwelling-house, £c. in
the day time, to the value of 5s. One Evun
and one Finch were indicted on this statute, 1
Croke, -173, .Evans and Finch's case : Th«
case was thus upon the evidence, that Etanf
by a ladder climbed to the upper window of one
Andley's bouse, and took out thereof 40/. ; and
that Finch stood upon the ladder in view of
Evans, and saw Evans in the chamber, and
was assisting and helping to the committing of
the robbery, and took part of the money : ^J^oa
a spt;cial verdict it was adjudged, that becauN
Finch did not actually enter the chamber, and
take the money, tliough what he did auiountai '
to a taking by construction of law and was aui^
a taking as made him a felon ; yet fbto ve
letter oft all penal atatutea must lie pursued,' a
tbcnibre be, id eif, Fiochi lied hia cle^^i
EvaniwnihMigcd,
J6r disfiguring Edward Criipe,
nill^bt he put of this kind af
f is lJ>e <?<^n5tnTriirnj uffietial statutes.
: By I lie statut* of
lakeii away from
n'theJelu-
tnares. —
' ti» to the
' : cecJ to he
^ vir* o t.rlw*. 6, cap-
l^if lllis^j
if lllis 11^
rMaiiite Oiuul-,
S^I»49Ml» Ibdit SI (ier80ii convicted Ibv feloni
"* <— 4y iiflilin^ opg horie, i»hould be ousted of U\s
m Itie «aJii<e lunnnerfts if he stole two.
ktm llii^ ca-« rnoiiL^h to saw the jury
c encefiow
laJ r of law,
hi iUm f tiUr(icc« iktuu itdiiiitied on all
titu^Uctit to iiup|iort ibis intlicttnent.
Vi wfTV' io ft civil oi«^t tbe party migbt demur
ti4c rtkleficr. But if he is not allowed tbat
%lfffm critaiaml emacst^ it is upou (he common
Vl^tkil the iud^« are iUt prisoner's couo<
fifiiiare ohitg^B Io dett;riiiii)e alt the oiat-
ifkim ansaii^ upon the evidence, qs ranch
ll#(bf {lersofis bad dexuurreU to that evi-
liifMia IhLi cttse* lUe prisoner adtolts the
fllBBT ffi^cQ 10 be true, and insisis upon it,
iMgim noi ffuppirt tbe indictment; and
iMiiWv liat a rij^il Io bare the opinion of tbe
pl^ tbenni(>i>ti| n» mucli as if the evidence
ilt ilafttd mt It^nglh upon tbe record (us it
«li he itk tliB ewe f^f a demurrer to evidence*)
ii MlhioiE oxir ^"-H to tbe jury, but
Iflii jii'lt^i * H as to point of laiv.
IlitllheMf cx&i^, theiefore, my lord, ii has
km anml to aUow the fact to 'be specially
kii; which gtfei the prisoner the advantuj^e
^ sifkt bars bad by tbe denaurrer of tbe
bi). iir/Ay* My lonl^ T do agree with the
•I th^ bar, that this is a very penal
4m] that these facts nutst be made out
M ii' : Uer of the act,
i^ ifileotioti m^ ^f mulice fore*
, 10 mairn - : h a manner
ftmtuie t ^ wait for
,«rfaM»; a *. — .., "• ... ^tiring ac
MHfffjr ; mini an abetting and hein^^ priyy to
^■rMa : Tlieae are all fai'l» which the jury
«i| omkl dderTDtne, vWUfr by poi«itive^ pre-
cirrmiJ^lauUal evidence, for no
iBniui^lili . nj( can be otberv'iwe
' f^A h\ 'US. My lord chief
laili Mi the M ikvid evidence of nil ihese
thr jsKV, who by their verdict have
icts at laid in tbe indictment »
yb^dy can now*^ open hia mouth :
^rrUcaJ, itowlbrt, thai nt» matter of
b ariiBO, aait tbat nhai bath been in-
1 « by the pntODtTi it beaide bis case,
~ " per*
have
'y; cau
Luke.
that 18
TV ii» at]
yftiult
rciuy i» aaiwer ftoy
objection* he shall muke apfainst it, Thai he
does not pretend to. What is now offeped by
him i« aepainht the verdict, and contrary to vvhat
\% found by the jury. 1 bet^ your lordship's
leave to fpwe an answer to the onjeciions he is
pleased to make against the verdict, however
in^propci'ty and out of time maile, for the satit*
faction of himself, and of il«e persons here pre-
sent, I awree a penal act shall not l»e constru-
ed by equity* or carried further than the words
or letter of ilie act, as the cases mentiont'd by
hioi do prove ; but affirm, that this present
case is within the words and meaning of the
acf : For though the ultimate intent of Mr.
Coke might be to murder Mr. Crispe (ss by him
is alleged in excuse for himself) all the means
made use of to effect that intent were also on
purpose, and such blows could not be given by
ao instrument, without an intent to maim and
disfigure. They were given by one lying in
wait on purpose ; and the fact and manner
of doing the same sntficienllv prove, and are a
certain and necessary indication of the intent,
The defendants might have an intent to cut off,
or slit the nose ; put out lui eye, or dismember;
and an intent also to kill and destroy ; one in-
tent did take effect, the other not. Tbe de-
lendaots ought not to answer for whal was not
dune, but oti|{ht to answer for what was done,
which was the slitting of ^Ir. Crisne's nose, on
purpose io maim and d it; figure bim, by one
lying iu wait ; which is all thai 1$ required by
(lie act.
As to the objecdon ; that if A and B go to*
gether to fight a duel, if A slit the nose of &,
tbis is not withio tbe act; the reason is, be-
cause there is no lying in wait.
Ab to the case of A lying in wait to rob B, t
with great submission do say, that if A lie in
ivait to rob B, and to effect that purpose with
tbe greater ease, A on purpose dismeml^ers B»
or put« out his eyes^ or does any other tact
prouibiied by the act ; though A be hiudeied
from robbing B, he is within the act of narlia-
ment; for tbe intent and purpose to rob, will
be no excuse to one who shall commit the facta
proliibited by tbe act*
As to the case of Evaos and Finch, Cr. Car,
473, on 39 £K which takes away ibe clergy
from bim that enters and steals : Finch was not
within the statute, aud had his clergy ; for the
express words of the statute take away the
clergy from him that enters the house, which
Finch did not. As to the indictment of a ter-
vimt for murder, in kdhng her mistress ; it it
plain, thai it is a crime of a higher degree than
murder, it is an offence of another species, it
is peit}' "treason and not murder.
The same answer may he given to the other
cflies mentioned, wbere the words of an act of
parliament are express. No case shall be con-
strued ivilbin a penal act, but what is within
ttie words : But as t4> the prevent c^ise, the
jury have found every fact that the act of par*
liament ref|uires, that an uulawfut assault waa
made on Mr. Crispe by tbe prnoners *, that his
noae wad slit on purpose to maiiu and diifiguff
4
87]
8" GEORGE I. Tfial of John Woodbume and Arundel Coke, [88
liini, hy 1>'iu£[ in wait. And all these facts aire
proTed by plain, clear, and I beliere conviocin];
evidence, to every person that beard the trial.
I am sure the prisoners can not complain of any
hardship done them ; the prosecution was car-
rietl on for the sake of justice, for the safety
of his majesty's subjects. This bein? the first
instance of a crime so heinous, cruel, barbarous
ftnd inhuman, that has been committed since
the making the act of parliament, it is hoped
by this prosecution a second will never be com-
niiitted ; for which reason, I pray your lord-
ship's judgment for the king against the pri-
soners.
Mr. Raby. My lord, f did expect at thia
time I should have heard, from this unhappy
{gentleman, something in arrest of judgment :
Something to shew that this indictment and
record now before your lordship in judgment,
had been insufficient, and sqcn as your lord-
ship could not have proceeded upon to give
judfgment against the prisoners : 1 do not per-
ceive any thing has been objected to this in-
dictment or record ; and therefore since no-
thing appears, or is objected, they must be
taken to be sufficient, and such as your lord-
ship ought by law to give judgment upon
against the prisoners now at the bar.
But this gentleman has been pleased to take
•notice of the act of pariiameut on which this
prosecution is founded: He has also made
ffome mention of the facts which have been
given in evidence against him ; and cited some
cases (as I apprehend) to shew, that penal sta-
tutes, and criminal acts ^f parliament, ought
not in construction to be carried beyond the
letter and words of the act. This which he
has offored (as 1 take it) is now meant to shew
(or at least that he apprehends) that from the
evidence given, it has not fully appeared he is
guilty of^the offence with which he stands
char^, within the strict words and meaning
of this act of parliament : And for this end he
has been pleased to make some observations
from the words of the statute, what things he
n|iprehcnd8 to be necessary to bring him with-
in the compass of this act, viz. that such woun^
or maiming, as is described by the statute,
ought to be,
1. On puqiose, and of malice fore4hought.
2. By lying in wait.
S. \Vith an intention to disfigure.
All tliese have been already admitted to him ;
and he will see every one of these circumstances
not only taken notice of by us in our observa-
tions upiin the evidence, but also more fully
by your lordship, before the jury gave their
Terdict.
But with what intent this fact was done,
whether of malice fore-thought, by lying in
wait, and with an intent to diangure, are
circumstances only to be collected t'ntm the
evklenceand tlie nets tbemaelrea; cfirhich
neither we nor the court can datarmiBC, but
can onlT be enqnired of, and
ly the Jury ; and tbcnfbrai jthoapii ll
be a full answer to what is now objected,
to say, that the jury have considered of
tlie evidence, have determined upon it, and
found you guilty of the indictment, with all those
circumstances which the prisoner objeels are
necessary to bring the offence within the ita-
tute ; though this, I say, might be answer;
yet for the justice of this prooeedinf , and te
satisfy the prisoner in his own olgectiona, jov
lordship will permit me to take notice or tiM
cases cited, and also to recollect the evidcMi^
so far as the prisoner hath made it mil— j
to repeat it.
I confess it is with concern I mentioa it
again; for I would not do any tbimrwhieli
mi^t add to the weight of those afflifltfena
which this unhappy p^tleroau ia under, kmi
not he himself made it necessary to take te-
ther notice of it.
As to the cases cited, only two of tlMB
which he mentions are cited to be adjndoad %
that at Dorchester by Mr. Justice Byre, thala
woman was indicted for murder, and upon eti^
deuce it appeared to be a different offence, via;
petit treason, for she had killed her miitmi |
and that thereupon Mr. Justice Eyre cauaejl
her to be indicted for petit- treaaon, and she wae
convicted. Certainly, my lord, that jodgmeal
was right, and very just'; for when it apneaiad
upon evidence that she was guilty of a oiiliBlt
and different offence than that of which abertwi
indicted, could any thing be mora just, tba»ti
cause her to be indicted for that offence, ofwMdb
upon the nature of the evidence, ahe anneaMl
to be guilty ? The second case cited or Ifiaaa
and Finch (which is reported in Cro. Cw.) b
no more than this : Evans went up a ladfMr»
opened a chamber window in the Temple,^
in and robbed the chamber in the day tiaa ; '
Finch held the ladder, and stood at the foot of ^
it when Evans entered : Evans was bangiaiy '
Finch had his clergy, and was only homi ia '
the hand ; and with great reason': For the ilB^ [
tute, S9 Eliz. which takes away clergy, talua '
the clergy only from him that enters; aai
therefore to have taken the clergy from Fiaoht
who did not enter, had been unjust and nn- '
reasonable. And as to what is mentioned of
tbc sUtute S & S Edw. 6, cap. SS, made il
explanation of the statute which took dcffj
from him who stole horses, and to take dcin
from him who stole only one horse, tberoM '
such an act of pariiameut ; but this act Mi '
the cases cited, only shew that regard hai al* "
ways been had, not to extend penal ati '
beyond the worda of them. But before
cases were mentioned (snd indeed had thOT*
never been cited) this rule of constmetioo hm'
been alk>wed to the prisoner ; for all the pw*
ticulars now insisted on by the prisoner we
before taken notice of by the Cotut, aadrMl
stancea necessary to make cat the ofr
against the priaooer: Norhaaoneof
J6r duftgurifig Edvonrd Crispe.
^We ta Uie name (>urfi(M«, ami not
I AtJjiMl|fcJ ; and tberetore I oeed
Ml ukf fori hrr itolk4> o I i hr rn , Bui cert ai n I y
ptAlierefici!* c«ti W dmwn from ilie va«:P3 dt<?(j|
# Mijr lli«r li(ft«i colmir to &jiy, tliose cases
^#»K*iliMl lh# firismier is ttot ;;Miitiy of the
liaa if «Uitdi chared wub» aud of wliicb
kiacoKnet^.
I 99 «Qrrjf be bus gliren tbia occasion to
laiTAJO tiie fact which bas been proT^il,
iboice ti a(t|>eai'« Ibat the jury bave
lafOiMrttal ao«l just vpnlict*
t:f9B*«tW forgot, that this Vfns coosulted
■f Mi^iriitili d fur three years and more be*
i»iv«i|>Ml tit rxecutioo; and tberetbre it
inly piirpoaed a»d of malice fore-
aiaa tbiu il was by lyin^^ m wait.
CrhIt ibis ttnhftppy gtntteman cannot have
lif« tW iigiiAl M [jra?e : and to what pur-
n«« tli9l vifciialf it none was id waiting to
«r AwS llmt tbia was witb an intent to
4^f«pc, musi be submitteti upon ihe fact and
^ cTidH»cv. A man usea a weapon fit to
IM* awl %n iliafi|^re, be cuta another oo the
fgt aiifl lioea dkfigure bim^ iha]l he afler-
^pibir at Uti«:rty fo aay, il was not bis in-
^li»to ili)f How daiigvroua that would be,
# ^Bni» in nrrry one ; tbia act would then
kaMtiy rinded^ if it aboutd be sufHciont, if it
4tM armil an oflVnder, i*bo btis maimed and
4%mil aiMitlier, to flay, Prove that i iotetid*
lit: It vrotild be easy then to be out of the
^nk of lliis act nf parbament ; indeed if tbat
J mmm would be williin it, it would he
mf wrp&mi of tbift law. It h objected^ liis
i visa fo ktU : be thai intends the end, cer-
y iittrfiils ibe roeana* especially those
ai wUicb he titet ; and the inean^ used
rcailao^ Mr* Cnape on the face, and dis-
l^taim I ind the weapon in suctt, th:it by
I oo th« face witb tbat weapon, could
»W diipode4 or ex|)ected : And if the intent
a|»|i#ftr from tbia fact, sure it never
I aoy : tbc intent of a man^s mind can-
hut from the act which proceeds
I hm AtiHf *
hm ma^t thts ia the firit indictment on this
I htli«ve there hatb not been many ;
ia ihM ia an nCimse ao barbarous^ that I must
|il m iiioh •• aeldom happens, and tbat
al hiwi of oar country, there was
t provided ecjual to this often ce :
, (aa Ihe laws of most nations also
a^AitiMi tt(Ti'tu^f>n ^bich most fre-
lif hm|f|Mro ks an attempt so bar-
iltai it • <' ima|ri"<'(l imy man
1 1« ao Ivaar und wicked as to attempt any
f li» it, Bolil )t happ«fied ii» the cnne o1 str
I C^foitry ; and then such an abhorrence
^mm by ibr purbHrnrnt, that tbi^ law
wmdr 8 rui lo prevent the like
ftmi r It the like od^nc-c,
»j«*«i>t7 in t*»ve the liJte puniiihment.
a, but pRiy your lordship's
' ^"^^ iH" abterTatioiia made at
ilie bar t»eiQ]^ aAer a rerdid, and therefore otii
of time, i ahall not trouble your lord:$bip with
a rei»etiiioo of the facti tbat have been proved ^
lurtiter tbati the pHsoner has made it neces«
sstary for me to tneotion aomc particulan, in or^
der to make the answers to what be bath in*
sifisted on the more clear and plain*
I believe it has been truly said by the pri-
soner, tbat the present proseculioD is the firct
instance oiany proceedir^g- on this statute, and
I hope it will be the last ; because il is to be
ho|ie<l there net cr will be found any other per-
son so wicked, as to gire occasion for a proae^
cutioQ on ilm statute.
1 beliere likewise, that the Irae design of
making this statute waa to sabject persons to
deatb, who intended to maim only, where the
maiming was in such manner as is mentioned
in the statute ; but I cannot tbiuk that it does
from thence follow, that a person who intenda
to murder, and only maims, is not within tint
statute; for though it bbould be taken that
there was an intention to murder, ^e\ from the
fact done, from the manner of doing it, and
from the weapon made uic of, it seeiiis appa-
rent that the prisoner intended to maim ; and
the jury have now found that he did so intend
As to the cnnes »hicb the prisoner has cited^
J beg leave lo consider each of thi m, and offer
such ansv«ers to tbem as now occur
The first case he boa been pleased to cita, ia
thus put :
A and B, of malice fore*thouglit, appoint ta
meet and (ight a tluel^ A in the reurouoter runs
B into the eye, and nuts it out : iht* prii%oner
says, such a case would not be within this sta-
tute.
i agree it would not, because this case baa
not the circumstances i%hic1i ibe statute re-
quires; for ill the case thusi put ibere i?i no ly-
ing in wait, which is a circumstance required
by Ihe statute.
J I is said, that if A lies in wail lo rob B, B re-
sists, and in the scutQe is maimiHl in the man-
ner described by the statute, tbat such maim^
ing woulil not oe punishable by tbiii sutute ;
but 1 do not observe any case is cited It) prove
this assertion : and I an, witb submission lo
your lordship, inchned lo think, tbat if there
are a lying lu wail, with malice fore-thougbl,
with intepi to rob, and in proset:utuig ibis in-
tent the robbers should asiiuult and muim in the
manner described by the stanit«\ that such
maiming would be %tithut tliis statute.
It IS said, that though the intent lo murder
makes the oAenc^ worse Ibati if the intent had
been only to maim, yet such intent proves tt
not bo be the same otfeoce which is meotianed
to the statute: and if a uian btt indicted of an
offence of an inferior nature, and ujnm the evi-
dence it ap|»ear8 tbat be is guilty «f *« offence
of a superior nature, tlie person indicted mast
he acquit fed ; and to prove this, a case is cited,
ivhich is said to have beeti before Mr. Jiittioe
Eyre, at Uorchealer AAsise^. The caae, aa
put, is this t A wouian is indicted for Ihe mur-
der of another woman ; oa Ihe evidence it ap-
4
91]
S 6EOROE I. Trial of John IVoodburne and Atundel Coke.
geared, that the penOD murdered wu her mis-
Iresf, which mue the crime petty treason:
this was found specially, and upon conference
with the judges, they were of opinion, that the
woman ought to be acquitted upon this indicts
ment.
Admitting this case to hare been adjudged,
I apprehend it does not aflRect the present case.
The law has distinguished crimes under
different denominations; and as offences are
ranked under different species, so the indict-
ment must be suited to that sort of crime
whereof the party is guilty; and therefore
proving a person guilty of a tact, known in the
law by the name of petty-treason, does not
protre him jguilty of an indictment for murder ;
murder bemg an offence which the law has
distinguisbed from petty-treason, and to which
it has assigned a different punishment.
But in the present ease, that oflence which
is chai|^ in the indictment, is proved in
every circumstance, and the facts proved do
constitute that crime which is made felony
without clergy by the statute. The statute re-
quires lying in wait, it requires malice fore-
thought, it requires slitting the nose, &c. with
intent to maim, &c. The indictment charges
these (acts, the witnesses have proved these
facts to the satisfaction of a jury, which have
found the defendant guilty of the charee as
laid. a ^ 6
The prisoner says farther, that this is a very
penal statute, and that penal statutes are always
taken with the utmost strictness ; and to prove
this, cites a case adjudged on the statute 39
Eliz. by which statute elergy is taken away
from any person or persons, who shall l)e con-
victed of taking away monev, &c. in any
dwelling-house, &c. iu the day-time, to the
value of 5s. : and to prove the same mata-r,
an instance is likewise put of the constnictiau
ou the statute, 1 £liz. cap. 12, which takes
away clergy from such persons as shall be con-
vict of feloniously stealing horses, &c. The
case in the statute 39 Eliz. is the case ol' Evans
and Finch, Cro. Car. 473, in which case
Finch had his clergy, Itecause he did not ac-
tually enter the chamber and take the money.
The construction on Kdw. 6, was, that clergy
was not taken away from a person who felo-
niously stole one horse.
But I appiehend neither of these cases come
up to the case now before your lordship. As
to the case of Evans and Finch, which was a
case upon the sUtulc 39 Eliz. By that sta-
tute a person is ousted of clergy who takes
away money to the value of 5«. in any dwell-
ing-houSe, &c. Finch did not enter into the
house, for he only stood on the ladder ; and
therefore he was not within the words of that
statute, which spoke only of persons who look
away goods in an honse, &c.
As to the construction upon the atatiite
1 Edw. a, it is plain that the folonioos tlMling
one horse oould not be within an aet of jpar-
it, whwh took awaydeigT otfly mm
peraoDS as MoDiottsly nolo hoiMib VM
reason, therefore, of these caaea waa» t!
facts proved did not bring the persons a
within the words of the statute.
But it is not so in the case now befor
lordship ; for the prrisoner is found guilt
fact, which is within the words of the i
upon which he is indicted ; and every c
stance required to make him guilty '
felony mentioned in the statute has beei
fully proved.
My lord, I am very sensible that the
tions taken at the bar being after Terdi<
not require these particular answers; b
being a case wherein life is concerned,
the impropriety will be excused.
L, C. /. I do agree vrith the prisom
this is a penal law, and not to be extent!
equity : that he that is guilt v witliin tl
tnte, must be guilty of all the circumi
within it; and if any one of the circums
prescribed by the statute be wanting, hi
guilty. Aui therefore in all^ those cas
"y you* if any one of the circurastano
scribed by the statute be wanting in ai
of them, such case is out of the statute
whether all the circumstances required I
statute did not concur in your case,
matter of fact, which the jury, who m
proper judges, have tried ; and on suci
they have found them all to concur. Yoi
to argue upon a supposition of this fact
otherwise than the jury have found it
jury have found you gudty of all the ci
stances within the statute. There vi
matter of law iu this case, but matter of
whether on purpose, and of malice fore-th
and by lying in wait, the nose of Mr. i
was not slit, with intention, in so doi
maim or disfigure? And whether you
not feloniously present, aiding and abe
I'he jury had the whole evidence before
they considered of the whole matter,
preparation and lying in wait to do tb
of the fact itself, of the means and iostr
made use of to do it ; of the manner of
it, and of all tlie other circumstances am
ticulars relating to the fact : and on the '
after they had withdrawn, and com
amongst themselves for some time, the;
found yon guilty within the terms and ci
stances of the statute ; so that though i
cases put by you should be very good la*
they 00 not any wise affect yours, becau
are actually found guilty of the crime
have you therefore any thing to say a
the indictment itself?
Coke. No, my lord ; I hope I has
glimpse more from the king's most gi
pardon, that was published in the Gaset^
L, C. J. If you offer any pardoo by
parliament, or under the gieat seal,
take notice of it, and allow it to yoia
yoo flBcan only a promiw of a paidoa
Oaseltey or other public adrartiiMaw
^•pplylbrtinliDaiiotbcrplaflOi t
Drial efChmtopher Lmfer.
A. B, 1791:
[M
\ I aball haf« the beneAt ^
iproausad ; and that hit imh
moioHriy pleated to fpmoX itne.
r joa iMvea right to it, yoa need
tfM wittteTeh: hb majettyit
hie wiU make ^[otd wbalaoefer he
4 ; but Ibr thit, jronr applicatioB
ediirtely m hit majettv.
If of your hmlthlp that you will
, that 1 may not be hurriM oat of
mtlv.
ilMlf ctnaider of it, and gire yoa
^krr. Cffy«r, make an O Yet.
wt aoTereign lord the king doth
ft and command all manner of
me^ -tikBee, whilst jndgnient is
Ihe pffinuuera convicted, upon pain
r«a Uwt are the prisoners at the
t been indicted and conricted of
id hcuioat oflencet; I am reiy
• hmve been the ooeation of bring-
Hto imfiMtunate ends, and that
I idanrboly neceasity on me to
bn WBtoice of death upon yoa :
HWo Ike jury hare foiind yoo
y tlie tew yoa hare forfeited yonr
lard, I am athamed of myaelf ;
|Ht to appear at thit time m this
9 1 kavc appeared in another
■ore, Mr. Coke, yoa ought
on year past life: yoa
Mt yoa hare been a great
had malice in your heart
eeman abore three years.
my lord, I know nothing of it.
Pmm hath sworn, that three years,
am and a half ago, you sent to
■Based to him the knockiDg Mr.
hitad.
itotkat
Vial of Chuistopher Later, esq. at the Kiug's-Bencb,
Treason,* Nov. 21 : 9 Georoe I. a. d. 1722.
Cikf. 1 dodedare ft; iiiyleM,-at I ikJk
aatwcr it at the grebt day, I never^apokata
Ifoon about any tocb thii^.
X» C. J. Suppotbg what Moon had taid-'to
be too much, yet the Crimea yon own aad
cannot deny are exceeding hcanoat. Yoa own
that you inrlted yonr brother to top at yoar
honse, on porpote that yoa ought hate an op*
portnnity of mardering him. This k tooh.^
criaie at shockt human natara; thebaraman*
tinning of It it ftightftil and terrible. Tba
deeper therefore your crime it, the deeper
yonr renentaaoe oimt to be. Too hata Jiaad
to huaUrfc younelfet belbra AUoighty.God,
Betidet tiie jodgment ofihalaw, theialtalta
hit jadgoieot-anit, belbra whidi .yoo.
likewite appear: there all thingt ar^
and bare, without coloar or disgoipe; . _^^
man must there appear, and raodve aceoidiag
to the truth of hit actioBt, at ^biq were, good
or bad. How far It may pfeata Qod toaztand
hit mercy to yon, I know not ; ha it infioita
in mercy aa well at in atery other nerfintioo:
and tilit we are mire, that ha nerer otoiet it ti»
any who are prepared to receive it Badmi"
TOUT therefire to reconcile yonrtdvet to \ua^%.
improve with dil^peoca tba little tunathaion^.
be allotted yon : tend fbr prpper persom who
may advite and aasist jfou : ibr at to th^ ju4g*
meat of the tew whicb It to be now ]
npon yoo all, it u thit :
< ThiA yoo, and each of you, go from heoca
< to the place from whence yoa came^ and ftom
< thence to the plaiee df ezecotion, wlmre yoo
* thall be teverally hanged bjr the neck till
< yon be teverally and reipectively dead ; and
< the Lord have mercy apon yoursonlt.*
Then the keeper carried awajr the pritonert
to the gaol to be reterved till their execution.
And on Saturday the Slst of March, 1799,
they were executed at Bury St. Edmond't.
tiie 8lBt of October, Ghristo-
bronglit to the bar of the
ich at Westoi'iDster, upon
directed to the lieuteoant of
I, io order to be arraigned
Ibr High-Treason in com-
the death of the king,
jury for the countv of
eommissioners of Oyer
" lord, we pray the return
May be read.
flf the Crown, reads
'Hlilrtis, by which it
appeared that the prisoner was committed to
the Tower for high-treason.
Sen. Pengelfy, We pray that the return
may be filed.
L C. J. (Sir John Pratt.) Let it be filed;
Serj. Pengelfy. My lord, there is an indict-
ment of hi^ treason found in the countv of
Essex against Mr. Christopher Layer, which
hath been removed into this court by Cer-
tiorari ; the Certiorari, and the return thereof
hath been filed, and the prisoner is now brought
into court in order to be arraigned.
L. C. J. Read the indictment.
Ct, of the Cr. Christopher Layer, hold up
your hand.
" You stand indicted by the name of Chris-
topher Layer, late of the pariah of St. Andrew*s
05]
0 GEORGE L
Holborn, in tbe eountj of Middlesex, €tq. for
that you beings m subject of our most serene
lord George, low king of Great Britain,
France and Ireland, defender of tbe faitb, &c.
not having the fear of God in your heart, nor
weighing the duty of your allegiance, but being
moved and seduced by the instigation of the
devil, as a false traitor against our said lord the
king, your supreme, true, lawful, and un-
doubted lord; withdrawing that cordial love,
and true and due obedience, fidelity, and alle-
giance, which every subject of our said lord tbe
king towards him should, and of right ought to
bear ; and designing, and with all your might
traitorously intending the government of Uiis
kingdom, under our said lord the king duly
and happily established, to change, alter, and
stibvert ; and our said lord the king of and from
tbe title, honour, royal estate, empire and go-
Temment uf ibis kingdom to depose and de-
prive ; and our said lord the king to death and
final destruction to brin^ and draw ; and the
person during the life ot the late kin^ James
the second, pretended to be prince ot Wales ;
mod after tUe decease of the said late king, pre-
tending to be, and taking upon himself the stile
mod tide of king of England, by the name of
James the Srd, to tbe crown, royal state and
dignity of king of this kingdom, and to the
empire, government and possession of the
same, to exalt and bring, the 25tb day of Au-
gust, in tbe ninib year of tbe reign of our said
sovereign lord the king that now is ; and at
divers other days and times, as well before as
after, at Laytonstone in the said county of
Essex, falsely, maliciously, devilishly, and
traitorously did compass, imagine, and mtend,
our said lord the king, your supreme, true,
lawful, and undoubted lord, of aud from the
title, honour, royal estate, empire aud govern-
ment of this kingflom to depose and deprive;
and our said lord the kinp^ to death and final
destruction to put and bnng. And that you
the said Christopher Layer, to accomplish and
jbring about your said treason, and devilish aud
traitorous intents and purposes, did, with divers
other false traitors to the jurors unknown, on
tbe said 25th day of August, in the said ninth
year of the reign of our said lord the king, and
at divers other days and times, as well before
as after, at Laytonstone atbresaid, in the said
county of Essex, by force and anatj, ike,
falsely, maliciously, dfevilishly, and traitorously
did meet, propose, consult, conspire, consent
and agree, to move, raise, and levy insurr* ciion,
rebellion, and war, within this kingdom against
our said lord the king, for the traitorous pur-
poses aforesaid. And that you the said Chris-
topher Layer, for tbe more effectual complet-
ing and perfecting the said treason and trai-
torous intentions and purposes, on tlie said 35th
day of August, in the nmth year aforesaid, at
Laytonstone aforesaid, in tbe said county of
Essex, by force and arms, &c. maliciously and
traitorously did publish a certain maUciouSi se-
ditions, and traitorous writing, cootaioioff and
parportiog (aaMQ|it oikcr iknpl aaedrnta-
Trial of ChristojAer Layer,
tion, incitement, and promises of rewan
faithful subjects of our said lord tho k
persuade, move and excite, to take up
aud to levy and make war within this i
against our said sovereign lord tbe kii
the traitorous purposes and intentions
said. And that you tlie said Christ
Layer, for tbe more effectual ooropletii
[>enecting the said treason and traitorous
tions and purposes, with other false trait
the jurors unknown, on the said 25tb >
August, in the ninth year albresaid, i
divers other days and times, as well beft
after, at Laytonstone aforesaid, in thi
county of E^sex by force and arms
falsely, maliciously, devilishly, and traito
did meet, propose, consult, conspire, cc
and agree, by an armed force, and by »
to be raised and got ready for the traitnroi
poses aforesaid ; tbe saiu person, during* t
of tbe said late king James the second, prei
to be prince of Wales, and since the decc
tbe said late king, pretending to be, and i
upon himself tbe stile and title of king ot
land, by the name of James the 3rd, '
crown, royal estate, and dignity of king
kingdom, and to the empire, governmen
possession of tbe same to exalt and brini
that you the said Christopher Layer, fc
more effectual completing and perfectii
said treason, and traitorous intentions and
poses albresaid, on the said 25th day o
gust, in tbe ninth year aforesaid, and at
other days and times, as well before as al
Laytonstone aforesaid, in the said cou
Essex, by force and arms, dkc. malicious!
traitorously did get ready, raise, and reti
veral men, to the jurors unknown, to tal
anns, and to levy and wage war withii
kingdom, against our said sovereign lo
king, for the traitorous pur|)oses aforesaic
that you the said Christopher Layer, f
more effectual completing and perfectio
said treason, aud traitorous intentions aui
[wses aforesaid, on the said 25th day o
gust, in the ninth year aforesaid, aud at
other days and tiuMs, as well before as af
liSytonstone aforesaid, in the said cou
Essex, with other false traitors, to the .
unknown, by force and arms, &cc. malici
devilishly, and traitorously did meet, pr
consult, conspire, consent and agree, the i
person of our now sovereign lurd king G
for the traitorous purposes aforesaid most
ediy to take, seize, imprison, and detain i
to«ly against the duty of your allegiance, a
the peace of our said sovereign lord the
his crown and dignity, and against the f«:
the statute in that case made and provide
Prisoner, If your lordship \«yi please
dulife me ;
My lord, I am broucfbt here in chain*
ters and in chains. JMy lord, I have bo*
more like an Algerine captive than a fir*
Englishman : I have beea dragged *
the streets by tbe hands of gaolers, *■
beea nudii a al^eir uhI « ■peOade qC
^ar tUgh Trt&son.
A.D. 1722.
[98
'^t af justice f>cfore your
titnewtU eotue wlieu 1
4iilii« n i^LifJi'l > ' 1 1 ::)|, an<l not be I
M^ t BMnifice to I uiJ lury of aoy
■i^.vr tlie neciiwity ot tuti times. My Iciru,
IWt >^ isttl (hi», but I have been ittsulte<i
acp I cmJDf ''-•^' •' r- hall i a gentleman came
you rnit>»i die, or tlie plot
La. , ,-^. L4, lUia is uso^e itisufferable
naiioti ; nnd I think 1 can lay
tny Ueartf and say, 1 bave dooe
j^iast in J con£»cieDce.
%K\. PgMMeliy. If i^lr. Layer liatb any ob-
i i« uir mdirttwent he may make ihem,
' 1 iKiC 1^ on in thtH nianiier.
My l^f*U I hfjpe (si I all have these
^Mi cakm on, tb&t 1 may have the free ii»e
^ikM fT^KIO ur: ' lilior whlch Gt>(J
liAgttro iti«r. II me thestran-
fantoUlial de;;rt;f tiial J!i vti y paUiful^ atttl I
snilymir tonUhip la afflicted with that dts-
tajm. I lio[M! ihrae chains sihalt be taken oiT
• Aiirmt plsac>e, atid then I hope 1 shall have
ai«a«^% U^utlt'f trr^],
L t live been a great many
•^p h wecunuoiexamineipto.
Ta Hit givrti a general charge of some peCH
^ ' fiii ill, your expressions are not juKt
I rtfll i ycia cbarg^e no particular person ;
I can take no notice oi' them. A 9 to the
I j«u enoiplatt] oi'^ it must be hi\ to iboiie
^itas ilir L'a^totty of you h committed by
lB.li ukecare tliat you may not make your
^^: «li€o yoti curae to your trial then
^ilMitii moy be la ken off." Consider the
•liir afthis dus ; if you hafc any objeclions
rtttdictoirQi the Court wilt beartbem ^ if
M Oiiavt plead,
. Ora. (Sir Holjert Raymond) f am
kiiaf ts in ten dill hut that he should
' r trial ; but to cam|ila(n here of hard
^f*, «/ tkmhn and imjmsonment, carries
'^'^ • t rrftrction of cruelly, and »ve know
1'^ may have abroad. My
there is any occasion for
e in answer to this, than
u been kept, as all persons
TOawuiioes are, when ibey ha?e been
^ [•§ make an escape ; there was an
\ nature tnarlc* by him, and I be*
»ill lay, but f*T\ such an occasion,
■^ticidar care that he
I wca?' id, as to any other
' ^'' ».' what he says is not
■t, but that he has as
'iy a« is proper aud
^id It 4ti wiiat i» iaid in rexpect la the
iia^M hJm In ihf !i:dl, 1 know no-
:c; but cannot
i> ktter lur people
m cunccrt tog-elher,
V" ; and I do not know
s^btbe somebody set
tetuMoo to
h#ltt»p4i!d
^^ft
ati escape once;, if true, ought to be secured io
such manner as to prevent his escapinc^ a se-
c^iod time. The gentleman gaoler, what doth
be sny ?
Gentleman Gaoler. My lord, he never at-
tempted to escape since lie was in my custody*
Att, Gen, No, ii was iKt^ire.
Sol. Gen, (Sir Philip York.) My lord, Ihtf
complaint is made for no other purpise but lo
capttvaie the minds of the by- stand ei^, without
any jusi grounds in the world ; tor if the whole
of the complaint made sod ag^gravated in this
solemn manner be considered, it amounlii only
to this, that a prisoner who stands charged
with so great an offence as high treason (who
I admit, notwithstanding the weij^ht of that
charge, ought to bare all ibf justice nod alt
the opportunity of defending' himself which the
law allows) J my it amounb to no more than
this, that a prisoner in these circiimMarices is
brought up hither under a yuard,auil in fetters^
as persons in that condition uMTaliy are. It is
very well known that when thii* gentleman was
in the custody of a raessentfer, he not only
made an attempt to escape, but actually es-
caped, got out of a window two pziir of stairs
high, and from Ibence over the water into
Southwark ; and since that is so, can there btt
any colour to say that what was done atler*
wards was unwarrantable f 1 cannot help say*
Joff on this occasion, that it does not become
the candour a person in the prisoner's circum -
stances ought to shew, to aggravate and mako
such a misrepresentation oi the usag-e he has
received. As* to what has happened in the hall
we know nothing of it, nor can jmssibly tell
how true it is. If any such thtn^^ was said, it
is not impos!iible to nave been by somebody
that was set there on purpose by the friends of
this gentlenian. I say thuH much, my lord,
not because 1 think it'maten^il to the bu^iiiiess
of this day, but because 1 would not have it
gone away with that there has been any bard-
fliip put upon the prisoner contrary to law.
No, liis majesty, ^bo makes the Ian s of the
land the rule and measure of all his actions,
though be will have justice done to himself
aud his government against any person tliat
shall conspire to overthrow it, yet he will suf-
fer no hardeihtps to be done even to such per*
sons, contrary to law ; and nothing has been
done in this case but what was legal and abso*
lutely necessary,
Mr. Hungcrjhrd, My lord, I beg to be in-
dulged a few words ; that he is in chainv now
is demonstrable ; aud he hath told me, when in
the Tower with him, that they arc so jp-ievou*
to him that he cannot sleep but in one posture,
viz. 11 (Kin his back ; and that he hath not ai-
teiopted to esca(>e out of the Tower, is given ia
evidence by the gentleman gaoler, whu huib,
and will, f verily believe, execute his auibo*
riiv with all humanity, for be now helps |o
bold up his chains, otherwise the piisoner
could not stand. My lord, it is Raid it is no-
tbtog but what is usual in cases of this nature*
My Jord| 1 believe I might cballt;nge thcin i»
U
99]
9 GEORGE L
gwe an instance where any prisoner wai
ihackled with irons in the Tower before Mr.
Layer; his majesty's prisoners of the Tower
are such strangers to this usage, that they had
not the very materials there, they were sent
for from Newgate, and I hope they will he
carried back again thither. Your lordship hath
hinted it as an indulgeuce intended to him
when he comes to his trial, that his irons shall
be taken off: hut I hnmbly insbt upon it that
by law he ought not to be called upon, even to
plead, till his fetters are off. My lord Coke.
(3 Inst. 35,) is clearly of that opinion in his
Pleas of the Crown ; and is admitted on all
hands, that when he comes to be tried his
shackles roust be off, and ujkiii a debate it was
so determioed in Cranhurne's Case, (vol. 13,
p. 392.) The only reason assigned for putting
of irons at all upon a prisoner, is to keep him
in safe custody (for the laws of England allow
of no tortures) and the reason why they are
taken off in the conrse of proceeding against
him in a court of justice, it seems to be, that
bis mind should not be disturbed by any unea-
siness his body or limbs should be under ; and
as to the distinction that his chains should be
ou when he pleads, because but for a moment,
or a short time, and off when he is tried, be-
cause that u ill he of longer duration ; it is pos-
sible that what we have now to say may be as
long as some trials. I should (with submis-
sion) think that something of the dignity of the
Court might be considered in this matter, fir a
court of justice, the highest in the kingdom for
criminal matters, where the king himself is
supposed to be personally present, to have a
man plead for his life before them in chains,
seems to be Tery unsuitable. He is now be-
fore the same awful and just tribunal which he
will be before when he is tried, and why not
therefore without chains as well now as then ;
and as to the safe custody intc-nded by the
irons, is the man like to run away here ? Is he
not here too well guarded to escape ?
Mr. Ketelhry, If your lordship please to fa-
vour me a fe.v words. My lord, what hath
been his usage in bringing him up hitlier I
cannot tell ; what the usage of the Tower is
with respect to the putting chains upon priso-
ners, I am ignorant uf ; but this i must l»cg
leave to say, that he is entitled to have bis
chains off kietbrc he pleads,* in point of law :
Trial of Christopher Lajfer, [100
the authorities for it are my lord Coke Id hit
third Inst. fol. 34, who says, that *• When pri-
soners oome in judgment to answer, tbev ihall
be out of irons, ami all manner of bonoe, that
their pain may not take away their, reaioo, nor
constrain them to answer, hot at their free
will ;" (Brit. c. 5, fol. 14,) and in fol. S5, he
cites the words out of the Mirror, chap. 6, secL
1, ** It is an abuse that prisoners be charged
with irons, or put to any pain before they be
attainted.*' At the trial of Cranbame, wfacB
Jie was brought up here before my lord ebidT
justice Holt, he insisted that his chains ehoahL
be taken off before he pleaded, and it wm or-
dered. This was likewise mentioned in iIm
trials of Dorrel, Gorden, and Kerr ; when they
came up in their irons to plead, it waa mottd
at first that those irons ought to be taken oA
The Court declared, that if the prisoners ia^
sisted on it, it ought to be done : hat they M
not insist on it, they raiher chose to ware thtt
privilege than undergo the trouble of having
them knocked off in court. There in a resoliH
tion in this case. In the 10th fol. of Keiynff^
it is expressly declared on a consultation of all
the judges in England, That a prisoner onght
to have his irons taken off before he pleads.
L. C. J. The case of Cranbume, you will
find that authority is when the party was eaUed
upon to plead, and was tried at the same tiflse.
No doubt when he comes upon his trial, the
authority is that he is not to be * in TinceliB'
during his trial, but should be so far free, that
he should have the use of his reason, and el
advantages to clear his innocence. Here he iH
only called upon to plead by advice of his
scl ; he is not to be tried now ; w hen tie (
* '* Cum autem capti iu judtcio prodiici de-
bcant,non producantur urmati, 8ed ut judicium
recepturi, nee ligati, ne videantur respoudere
coacti. Fleet, lib. 1, cap. 1.
" The prisoner at the time of his arraign-
ment ou^iit not to be in irons. Hales's l\ C. I against 'all the prisoners, and execution
1809,) a case in which it appears, that three
pris«>ncrs were ke|>t chained during the trial ef
issues conc«raing their identities. The snh*
stance of the case 'u as follows : ** Thomas He*
gers, Samuel Matthews, and John King, 1m4
been capitally convicted lor felonies in rabbiup
on the highway, and received sentence of deelS
for the same. While they were in cusie^
upon tliose c<vnvictions, they murdered thsrf
keeper, and then broke out of their prison, anl^
were during a considerable time a terror to the
neis;hlK>uring country. Being afterwards nn
taken, tliey were tngether brought by writs #
Habeas Corpus to the bar of the Court eft
Kiog^s -bench, aud th^re rcs|>ectively aske^i
^vhat they had to sav why the Court ahovlti
nut proceed to awnrd execution, &c. each i
tliem denied his identity, and issue being jeiak
ed en each of those denials, thme issues wei^
severally tried instanicr : verdicts were fbosi
p. 219. Til. Arraignment SeeH. P. C. in folio, : awarded against each of them, acconling
aecond part, cap. 28
*' See Hawkins's Pleas of the Crown, part S,
p. S(m."^Nole to Firmer Edition,
8ee more as to this in vol. 5, pp. 379, el teq.
of thisCollectioD, and Leaoh's Hawk. Pi. Cr.
hook S» chap. S8, aeet 1.
former ju«igiu('ni and sentence." The
is thus concluded : " Memorandum
desperate fellows remained chained t(
dunng tliis whole pnK-ee*iing.** But
porter mentions, (p. 1810,) that while the f
m the case ot* one prisoner was trieil, the
were permitted to lii dowa.
IBiff
for High Treason.
H It tnedt if hm makM that complaint, the
S^m^ 9llt tiklie care foe sbaU be in a condition
» aMlt# bi« detince; but i% hen be is
1 wpon to |>li'Acl, and tiis counsel by
lA^Hfle bim ynUsW to plead, wby are bis
takeo n<f tbis minute, and Mi be
Hm nexti^ 1 1 bath been said (I
■ml tbc iiu^riiu^ of it) he i» too
I ninlci)* I do not think a man charged
%w^ ireasati of thi^ nature^ can be ^aid
} ipbe loo wvM «;u«rded, es^ieeiaJfy it it be
Imi^IIi been sng-gested, ttiat he bath
to mttke bis escape; th;ii will
irbut tlie law allows iu other
rtL My lordf I beg leave to
what I moEin by saviog too
M ily gnanied.
'j^ HKire to offer?
' Cinaivate the jit-opt*', smd
% ujKjn tbcm that are not \
h'j^nitics liis cbaiut) bein^ !<
, and afterwatdii put on |
i i.i'^ 11. uothing but to brlug \
Ir to hAf e a.n unjust sense oi'the crime
I«ird, we lulgbt hum-
! - i I at the better to pre -
a- hiA trial, he tnigbt cx^ntiuue
;n% otjtit at\er that lime,
itxitber opinion ; and if we
itift ta be taken oif, and he
vv but we are ifuiliy of bis
#iL Fit hath said, lif shati have
: ; but to make ohji^ctions
sure, ifc U\ cast a letl faction
t, lor not doiu^ that which ist nut
• er to do.
t.. ,i%**MrJ\trd. 1 am I my lord, off'ounaf^l
Mktb* fMisooer^ I have been »o appointed by
Y^t |afd^i|»« and t asuure your lordfliip thut
l«iBil I itare anwiiT fur the other gentleman
te M tttO€tt%in\ (o the »aiue Venice with loe,
^tk makic DM! of that power and priviletfe you
mtjktmeA t<i f*ire us* at we ou^ht.
■ff Unli 1 have Imikid over tbe Record and
Mictiiinil, WG tuie a copy uf both, ac-
lo tbe dirrctioik uf the act of parlia-
t ktmm wv have at prt-^ent a rt^rbt to
f ' '»if«, *i*j£' miswriting',
Mijier Latin : we are
lu uiiJ r objections occur to
br: • tint*', and bare not
19 n*-«* ,. ...icrwards; but there »re
iNiiV ol{ioctiotui of another nature,
BAjf bate liberty to make at another
I ken* III %ny band the whole record
Uk tb# prisoner, in which, not only
tMeot m att fortii, but the commission
\ Trrininer. Met the c^om mission
«fd tbe namr< of the commisaioD-
i ma arul aayHf what are the offences
r are authnriKed bo rnquire of^ as high*
■I*pf9«j0ci% of iTiTUon, ttfi'l oitifr of-
|#l^0rr »i*;jTec ; Ojiii it ^rTf> on and
tbt! permms iball be» concerning
A.D. 17^2. [lOf
whom thi« enquiry «holt he made, ** Et jier
quos vel per quern, cui vel quibuii, qnamlo,
qua) iter, ^x quomi>do, et dc abi>( articuhs et cir*
cumstantii;^, prtEaii»sa et eornm qnodhbt^l nt u
e<jruni aliquod vel abqua, qnalitercUMq; ct*n*
ccr»en\ pk'uius veril'i'.'* My lord^ 1 have
looked into this form, and considered the words
with all the accuracy I can» and have endea-
voured to render them into Eni»li'^h, but can-
not; I urust say t took upon lhi>«e two woidt
* plenius Vfritat*/ as placed in this record, to
be nonsense, and not capable of heinif rendereil
into En^liiih, for thc\ import no mt^amni; at
all hit a blemish in tbe commit ion vii^\\\
and if so, tht* enquiry taken by virtue of tb&t
commission must fall to nothing', and conse-
quently this indiclmcnt rau»*r be nuti^bt, I
have bptn bo exact, I havf bmked uiio the forma
of these indicirncnts, taken by iifiue of com-
mii^viona of Oyer ;jiid Terminer. My lord cbi«f
justice Coke biitb for tbe sake ol pn««terity,
1 iui)pits<?<^ given us the form ot the com*
mijiiiion of Over and Tern;iner m bis time ; in
that form of (lis tbe^e m ords are entirely left
out ; tbt*y seem lo me to be words of no signi-
fication, tlierefore we ho{^ iht-re sbuU be no
further proceeding's till this h s^et right, and
that the indictmeiii shall bt^ quashed.
Mr. Ketelbey, M y lord, tliere are other ob-
jections, whether it u your lordsbip'v |deasur€
that we should ffo on this fir*t, or that w*
jihould mention the others^ aud so go upon
them all together T
L. C\ J. Make all your objections tof^etb^r*
Mr. Hungerford. Then, toy lord, In th#
close of ibis commission it is said the juiy wera
charged to enquire, but dtith opt say fur what j
hut (but objection may be made u not her tim«,
and therefore I will not trouble yiMir b»rdshi{^
with it now. My lord, tbe first iliiniir that oc-
curs to me in the indictment il»elf, and which
certainly, if we prevail in, the whole prooeed-
in^s are wrong; this t;eotleman^s name is not
writ nor apelt right, *■ Juralor* pro Duo' Hege,
Sec, super sacramentum, 5cc. quod Christo-
pberus Layer, Cbristoplierus is there writ with
an e, whereas it should be i'hriitopboru! with
an 0 ; and if the Dictionaries and Lexicona are
any authority we are right. These are the ob-
jections which have occurred to me, the gett-
tleman joined with me in tbia service, bath
iiome other rcmarkii to make.
Mr. Keiclbey. My lord, as it is your lord-
ship^s pleasure to appoint us to be counsel tor
ibis gentleman f I shall not make any apology
for our appearing on hi^i behuir« lest t receive
tbe same re[»roof from the Court, which a gen*
tleman in my station once received upon a lik«
occasion,*
Aly lord, we thiok it proper at this lime to
Uy these four points under your lordsbiu'i
consideration, which if we had slaid till after
plea pleailid by the prisoner, would have been
• Qu, Does this refer lo ivbtt Kolt, Chief
JuHt. said to air tiariJi. Shower, in Hookwood'a
Caie? 8ee vol. 13, p. 15i*
I
i
4
109] 9 GEOKGE L
too bte ; that fnatter halb been oflen settled
ami deieriDined by your lordshipf and I «liatl
■ay no more to tint, I belief c thf^y do not ab-
ject to it I now therefore it is the oaly time to
make these objections.
51 V lord, the tirst that hath been menttonod
by Mi\ BuDg^erford i» in the captino of the io-
dictnientas to these ivords * plenius veritatem;*
ill our t opy» it is * plenius reritat' * with a dash,
that it may be taken in any case, but I Bubmtt
it to your lordship whether it can be made
sense, or ia proper Latin in any of the cases
cither of the singular or plural number, that
there can be made any grammar of it, or that
there is any regular or precedini; f erb that can
go?ern it in any cage whatsoever : they might
have put in any trords entirely iucnnsi stent
with res|iect to the part preceding or subse-
qtieiit ; leave ont these worIs, and the other
part of the sentence ia plain and inteUig'ible ;
hut put in the ^vorda, and it is ntberwijie.
And es^iecially tjince we have the authority
of luy luid Coke, where tb**se tvoids are not
in ; how ibey came to be put in, or ot what
tiae they are, your lordship will obserfe on
readioG^ the caption of the indictment, * Ad lu *
qnirend*, &c. pleniua reritat'/
Taking exceplioni to the caption oF the in-
dictiiient hath formerly been objected to ; but
I beheYf\> that right cannot b« disputed at this
time.
As to the second exception, that in rL'btlon io
• Chri«iopherus>* we submit it to your lordship,
if that be not expressly wiibiu the detects men-
tioned in the act of* parliament, mia-writingf»
mis-spellin{2', false ana improper Latin ; nay,
whf^ilter it is not suhject to cenaure under each
of ibese four heads.
My lord, it waa impoEsible to bring' all my
authorities, upon this point, along with me ;
bill 1 have here iu court several of the best
dictionaries and 1em*ons which tihew the true
word to be * Christop horns / and I believe ihe
gentlemen of the other side cannot produce one
instnnce in any authentic book either Greek or
Latin, bnt it is ahvay^i spelt with au o and not
with an c, it is Cbristophorus Irom «if<^* the
• pnseteritum medium* of the Greek verh f>W;
and the ruica of etyrooloja^y and formation of
Greek verbal^ evince that it must tie so, and
catmot be otberwiie ; and by all ihe Latin dic-
tionaries, the Latin word fur Chrbtopber is
• Chrtstojihorus.'
L. C. X How do we kno\v what his name
li ? You must plead it in abaiement ; we donH
know his name ; he might be christened
< Christopberns* for aught we know.*
Mr, Kcietbc^. My joid, for false spelling —
X. C. J. IIow doib that ap|>ear to usf You
are wrong in nmking yimr objection at this
lime, we can't tnke notice whai hts name is ; in
llie record of the indictment be is called * Cbria-
tophenii.' Can we enquire what hii true
Trial of Chrutophh' Latfefp
name Is, whether in FoQfUAh it hi Chrfatofihtr
or * CbnstopheiiiK?' We can't telJ what hii
name is, i»erchiirH «• IiIj: name miay be • Chria-
t?>phen»f / and the name by which he might be
christened ; I desire 1 may not be understood
aa if I would prrv»fiit you from offering any
thing that is material for your client ; but if
I can satisfy }ou that you are improper in
form» it may saVe the time of the Court j but if
ytHJ can offer any thing material, we are ready
to hear it.
Ullr. Ketetbey. My lonl, I hope your liynbiifi^
will pardon me, here h the life of a man rtMi-
cemed, aud as I wuuld not wilhogly ofter any
tiling li» your lordship that in the like
hath been over- ruled, so neillier would I <
* See the Case of the king against Samuel
8bake8t>eare, 10 East, 83, which was a plea iu
abAtemaat of a mlaaomer io the itiruaoie*
any thing that may lie material for the mi-
suner^ whose defence the Court has intrustM M
with ; therefore I wit) go on to the other olyeo*
lions that we think to he improper Latin;
* cOmpassavit, imaginatus fuit, el intendebat/
These are the wonls, 1 don't know whethtr
thii Latm will go down in We^tminster-litll,
but 1 am satisfied it would not iu Westminat^r-
scbord.
Here is the * et, intendebat, ct,* a conjunc-
tion copulative between verbs iu several tense* ;
here is * compassavit* the prelerpertect tense,
* imagioatus fuit,' the pretei-perttct tetise, and
* iiileiidebat^ the preterim perfect teuse : W*
should not the last verb liave been put into 11
pre ter per feet tense, according to the rulea
classical Latin, as well as the two foror^er ?
Tbtretbre we submit it how far it will go as to
vitiating the indictment in jjoiijt of false Latin.
My lord, there is one worrl more, * sebiend' •
the overt-act, as laid In the indictment, is, thai
the prisoner * con«piravit ad sacram personam
dommi regis capiend', seisiend*, ct impriso*
nand' ;* hy the words that are coupled with it,
I suppose * seisiend' ' is intf nited to mean, the
taking or laying violent iiands upon Ins majes-
ty's person ; hut sure llitre was never such a
word in any indtctmeot before, nor to be found
iu any author whatsoever; it is neither claaai-
cal Latin, law Latin, uor to be met with among
Littleton's barltarisms, never naturalized tM»r
inoculated into ancient or modern use; it is a
mere ficiitious wo ml coined for this very pur*
pose without any precedent ^ any otke instance
to warrant it.
My lord Coke, in his 1st Instit. fol. IT, aayt,
that the word * seisitus' cometh of the French
word * seisin,* and that in the common law it
is properly applii^d to tieebold, in cnnira distinc-
tion to * po«i!>eNs;onatus,^ which relates to chat*
tels : Fnr * s>eiiiiti*s' and * possession at us' are
mentioned as terms of art, teihnicat words in
the law, thut by long use have acquired to
lb em selves one pecuhar and determined tigni*
ficiition ; for thai rciison I do mit object agamit
the word * compitsiiavit* in this indictment, it
having beeu a hi ays used in indictments of
higb*trea!iOD to exjU'ess compa^viug the death
of the king, ever snice the stature of Edward
the 3d ; so tnurdrare, ftdunia, and several
oiberSy are knowu leims ot art m the law* l^ut*
Jftr High Trtusofu
I irith ide word * selsi^nd*?*
I if th^ 'iroulil ibticy ii to b« n gferiiud of
■«» wikaMNro Kctire vera, how came they it*
f^r H Ibis snuie^ to make it Kignify the same
I mttftl b«g teare to sayi that 1 ap-
inharf 1km w^ry g^int el' thra indictment, (at
an » nacb of it aa relates to tbis o\ ert^act)
mis ttpon thb word ^ seisiend' ^*
I te lies •|tp«Ar lo ytmr lordship to be in •
tarvaroitti false or im propter Latin,
pranr pn»|ier under the authority of the
\ «f p*rlJAment^ humhlv to iiifsjst tipou
jBUon, viiiJ that it is iU&cieiit to over-
ittvwbolt^ indictment
0yM4 ' • t'8 caae, says, that
MiflMnitt ! uLi oa{*ht to bedrawD
■i^tegraie«t accurucy and nicety; but if
Mr ktmmuj will ptea»e to shew nie, that thia
^avtBrvrr uttce ti«ied to this purpose, 1 will
^mmj obj<K;4t<m, and admit it tu \*e as ele-
fi^9'mmd n% any in tlie whole indictment.
ikCX 1 think bdore the king^s counsel
rt*r lo that^ we bad best have that
t ^ ifc« Iniltcliiiitiit rtfad| that we may the
mU,^ tU Cr, reads, ^ Quod tn Chriato*
#■« La^ rr, &c. ad capteod* seistend* et iioo
L C J. * Ad capiend* et impiisonand'.'
! wonts do, suppoi^ the other word
mJ (icant?
PW. VI y brd, these objections
»tBaiAe ujthsoinnch rerfmony, and
■^id io Willi «Qeb pomp, as it something
^ «ia liwam, than the ifnashing this indict-
Vf iyyrtlMPDil aornc of them arc Improper,
I iHiicli niay be proper at lliis lime,
TVf i^l^ectfum to the commission, we appre-
I att tHi|irf»p4fr \ it i« not in the power of
\ 16 qoaah the c<tmnu«Kion, and there-
men n nil of niifc-spethng', and ol'
ihi'rdn, sig^ni6es no-
il nt Itself, the Court
proper^ if there
i\ bin the eom-
ihu great seal, and that
fM«f ft rviumiHl here, is nut uader the power
f'te rovin lo 4*!^Ttiy \ but upon reading it,
. lilt* iiliieruon will quite vuniijh -, thefie
karr oavil m all * n ions of the like
rry fwrm of the
i the iridietnient
, allowed by %\\ the
J, ** A Collection of
I rtrttson , com poned fi»r
?*ji 'i III 8cotliind ;** ami
ti« uhy of nnder-
r«*» ' I or the sake of
*ii i\»9 i'thirr ide, read them In
iV-y ^^^ **» ^ f^nstiued^ thu^, • Ad
I tr sacram* pro-
tuibuscumt; pro-
nmMiai9i)iii>'| «c. perqiiQicun«|; et
impf f I
I lf» It
rrr, ai>
A. D. 1722. \m
* qunlitepf nnq; hit* hcX\ &c* le dt alits arti<
* cutis, &r« et ad easdem prodition^ et al' pre*
* ini^s' audiend* et terminand* ^* here they are
to enquire more fully the truth, of and concern-
iM(» all treasons, misiprisionsi of treason by any
person whomsueirer committed, &c. And if
the words ' pleuius veritat' * bad immediately
Ibllowed the word * inqulrend^ ' ercry body al
first reading must be satisfied that no objection
ciiuhl be made thereto ; and the objection now
is only mitde on account of the placing these
words at the end of the sentence. But it mukea
no difference in the const ruction or sense ; how
otber\«ise can it be construed or understood f
But to enquire more fully the truth of thoie
offences there enumerated, and what persons art
GTuilty, 6£c. And iberetbre I take it, that the
fivrm of the commission is proper, and will be
justified, not only by the sense of it, but by (he
usual and common course of proceedings. — Aa
to the next objection, we anprehend that hatK
been already over-ruled ; the word * Cliristo-
pheruji' with an e, and not with an o i And if
there be any diflerence in the name, that must
be pleaded in abatement ; because if they
would take advantage ot^ it, they must plead
that his name is otherwise than is expressed ui
the indictment This man^t name * Christo-
p Items* may be with an e as well as an o, for
am*; ht appears: But we apprehend, that the
name Christopher is seldom writ in Latin with
an o, but usually with an e ; tf* they think
there is any thing material in the objection, let
tbem plead it in abatement, and we are ready
to answer them.
i^ly lord, as to the next objection, that the
three iferbs which charge the high treason, fix,
* Compassavtt, imnginatus fuit, et iotendebat,'
that they are not in the same tenses ; we sub-
mit that in the strictest Latin, there is no ne-
cessity the last Terb should be of the same
fen^e'wtth those that go before the copulative
(et) : Sure, though *• compassavit* and ' imam-
natus ^Viii* be in the preterperfect tense, yet ' ID«
ieiidebat* may l>e well added in the pretertmper»
feci tense, und that will make no difference,
they being alt three alleged and found in the
time past, l^etore the indictment exhibited.
Wy lord, the next objection which they seem
to rely upon, \% at the conchision ot the indict-
menlr and that is to the word (^ seisiend', «^c/)
They say, the precedents h:»ve been looked
into, and' there is no such word to be found in
any tndiclment ot high treason ; 1 beg leave to
say in answer, that since the assRssinatien plot
against king Witlium, there hath been no such
viMuiiiouN attemptot this nature; therefore m>
wondei' itit ennnflt be found in other indtct-
iiients where there has t>een no occasion for
the word. This is an overt-act of conirpirmg
and agreeing to take, seize, and imprison the
very person of the king; and it muirt be laid
according to the ftiet itM^lf ; but if this be not %
proper word, though 1 think the won! is pro-
per and signilicaiit, yet because this is not made
u>ie of in aHcging the treason itst^lf, but the
overt* act or evidence of the treason, it will not
i
107J
d GEORGE I.
vitiate that put of the indictiLeiit : for if any
one of these words allejired is proved upon the
trial, the prisoner ou)(ht to be found flr">l^y>.
whether he compassed to take the person of
the kinci or to seize his majesty, or to impri-
son and detain him ; anyone of these attempts
is sufficient, if proved, and the prisoner ougfht
to be convicted. There was an objection of
this nature taken upon one of the triau for high
trrasott, before my lord chief justice Holt ; but
he was pleased to say, that in alleging; the
overt acta, where several overt acts are alleged,
or several words are used to express the same
overt act, if they were mistaken in one of the
words, yet if there were other words sufficient
in the indictment to express the overt-act ; or
Although one entire overt act was insufficient! v
alleged, yet if there was another overt act wdfl
laid, the Court would not quash the indictment,
because tliis would be to deprive the crown of
the right of giving evidence to prove any other
part of the same overt act, or any other overt
act alleged in the indictment ; so that we hope
this is not a proper objection, because the Court
cannot quash the whole indictment if any other
overt act is sufficiently expressed, but the in-
dictment must stand. — But the word is proper,
because the words * seisire ad seisiena' * are
terms known in the law, and it is frequently
used in actions of trespass, * quod cepit, seisi-
vit, et abduxTit,' or * asportavit.' Aly lortf, we
think the word ' ad seisiend' ' is a proper ex -
presslon in this case, to signify tlie attempt or
design lo seize and anprehend the person of his
majestv ; and we nope tliere is nothing in
these objections.
Att. Gen. My lord, we are not against the
(rentleraen of the other aide's insisting upon
every thing that may be for their client's ser-
vice. But sure these objections have nothing
in them ; there is no colour of reason to support
them. My lord, as to the exception taken to
the commission let us consider, if tliere was any
weiglit in it, how it can |)ossibly be taken at
this time? — By virtue of the act of parliament
paned in the 7th year of the reign of his late
majesty kin|^ Wifliam, it ia provided, that no
indictment for any of the offences afore-men-
tioned in that act, which are treasons, &c. nor
any process or return thereupon, shall be
quashed on the motion of the prisoner or his
counsel for mis-writing, mis-spdiing, or false
or improper Latin (under which last words
the counsel for the prisoner would entitle
themselves to take this objection) unless such
exception shall be taken and made in the
respective court, where such trial shall be, by
the prisoner or his counsel assigned, before any
evidence given in open court upon such in-
dictment.— but the commission is a thing dis-
tinct, and neither indictment, process, or re-
turn thereupon ; and by consequence no objec-
tion can be made to the commission at this time
by virtue of that act : but however, because
they may not trouble us with these objections
at another time, we beg leave to answer them
DOW.
Trial ofChrUk>pher Layer^
Mr lord, theae words (* pleniui ver
are, the very point of the eiii|uiry of tl
missioners of Oyer and Termmer, for t
to enquire, by the oaths of lawful mei
country, fully of the truth of all treasoi
prisiona of treasons, &c. committed
county, and that is the tenour of the c
sion. In the book nrinted by the appi
of all the judges or England, aoon al
union of the two kingdoms, all the ri
methoda of trial in cases of hi^h trea
laid down, there b the commission of O
Terminer printed at larse ; and it is ex
the same worda with uiis ; and your i
may please to observe, that imnnediatc
those words ' plenius veritatem' there is
ma, and none before; the whole senti
fore is eutire, and therefore in cons
these words, * plenius veritatem,' refc
words * ad inquirendum,' at the begii
the sentence; and the sense is plain, t
commissioners are to enquire by the
good and lawful men of the country,
other ways and means, Sec. * plenius ye
de quibuscunqne proditionibus, misprisi
fkc. and then the commission goes <
there comes af\er the comma, ' et ad
proilitiores et alia preemissa hac vice i
et terminand' secund* leges,* &c. In c
proceedings in Latin, we are not so ni
con6ne ourselves to the Latin of the <
but this is very proper Latin, and the
ingof the words ' plenius veritatem' f
words ^ ad inquirendum,' by which t!
governed by the interposition of so man;
is no oljection ; for nothing is more i
in the best authors, than placing the nn
terial words at the close of a very long s
which in imint of construction must
others at the beginning. And therefor
we shall hear no more of this objection
As to the Christopherus being with
stead of an o, that is not a pro|ier obj<
this time. No man will pretend to say,
not be christened by that name, as I
the nsual name, Harry is the oomm<
name for Henry, yet a person may I
tened Harry, and so have many persoi
But, my lord, we say this is a wore
all the law proceedings for ChristopI
spelt in this very manner with an r.
As to the other objection ; as to tlu
tion of the tense in the words ' com^
imaginatus fuit, et intendebat :' the obj
made as if we were tied down to the
forms of gram mar; if the sense is pla
facts are explained by proper Latin wo
enough lor us, w heiher they are ca
sometimes in one tense, and somei
another, provided they sufficiently ch
fact to be done.
The last objection is the word * seisic
it ia nttt a word known in the law ; if tb
hold, it would not quash the indictn
cause there are several other worda to i
effect, which sufficiently express this i
overt act, witliont thia word • i ' '
ms]
Jbr High Treaitm.
A. D. 17S&
[110
«« W, tbat the prtsoner did proposei coDsult,
mi ai^Mf * iMi «acram pereoDtm dicti Domini I
^Gci^i none Re^t, &c. capieod', seisiend',
'iapitooand*, et in cusUmI* detinend." But
wtmai thai this b a very proper word. In
Atcoait of exchequer the worus used in cases
rfirinre is * seisivit.* Writs issue command-
■fthcsberifr * seisire', such lands, 5ec. into
Atkoai's hands, and the sheriff returns * sei*
■in feci:' so that if this word was looked upon
■n nkaown and nnintellifpble word, what
— thsBwat of many judgments and proceed-
ifsii diaft court ? It is a law word that is
■Rjp^icd to the person of our sotereign,
a^Hitiiinthe proceedings before-mentioned
ipfM Is aeizinsr lands, &c. why may it not
KipfM to the seizing of a person ? And then
f 'Hsiie' be proper, the gerund from that must
k'visienduai,' and therefore we apprehend,
■yM, that this is a plain answer, and that
■Bib so colour of reason for this objection.
SdGen. My lord, as 1 apprehend these
nations have no real foundation, nor scarce
■f csioor in themselves, so I do not know
*Mbir it would not be giving too much cre-
illilhciD, lor so man^ of the king's counsel
■ Mead your lordship on this occasion, to
eihe time of the Court in giving answers to
The true answers, and all the answers
lU can he cr>^en, have been already offered
ttiitry fiiH)- enforced ; and therefore 1 shall
littsable your lordship whh any thing fur-
Ik, Emngerford, My lord, I beg a few words
% *ay ot reply. As to the first objection
■ilape it is not answered : we object against
it sords * plenius veritat,* as words of no
Mm or meaning, as ranged or placed in this
hfateent. Mr. Attorney hath endeavoured
liMke tliem sense by transposinor them, and
Mmiag * plenius veritat' ten lines bcfAre
Hit iIm indictment hath. VVc must take the
tliey are in the indictment : and if
t4sy are not grammar, or intilllf^ilile there, the
p^tfjfcum still holdn. 1 know not what liberty
icbsg's counsel hath to transpose the wurds.
1 iaam school bovs sometimes pick up words
hmi rej^ard to i^rammar, to make w hut they
I fioawiiM- verses ; but 1 never knew an nt-
^t before by transpoi»io|^ of word^, lo mnke
le grammar, prose, or |>octry. There
bih? that hath been mentioned, tkut the
lute settled the foriiiM of proceedings
• *■•« of high-treason by direction of the
eof Lords, and this ' plenius veritat.' is
to the form inserted in that treatise : that
my lord, notwithstanding the solemn al-
r Afit by the judges, is not, with siih-
i,a conclusive auUiority : h was dtMiied
• in the case, of Matthews, whicli case
the better speak to, because 1 was of
4 in it. The objection taken in the
f Matthews was to the panned of
"i far that the addition and places
1 «f the jurymen were not inserted
vding to the directions of
I tbih
that book, the better to guide the prisoner in
his challenges. My lord chief justice King,
who presided at that trial, assisted by all tho
then judges of England, (except your lordship,
who was absent) over-ruled that exception ; and
1 think the rest of my lords the judges, now
present, concurred in tnat resolation. Where-
fore, if we have no authority to combat with,
but the authority of that book, which bath
been solemnly denied to be a good authority,
we hope this objection shall stand.
My lord, as to the word Christophorus, with-
out (loubt the etymology of the word is as Mr.
Ketelbey hath opened ; and there is this further
to justify that way of spelling which we con-
tend for, even the two first syllables of the
word in the indictment are * Christo,' as the
Greek with an o, and not * Christu' ; and in
conformity with the Greek spelling in the two
first syllables of the word, we hope the next
syllable must be spelt so too : but since it is
contended, that the substance of this objection
must be put into a plea in abatement, we shall
wait the direction of the Court as to that matter.
As to the words * compassavit, imaginatus fnit,
* et inlendebat,' there is something in that ob-
jection ; they all relate to a time past, but they
are in different tenses or time ; there is the
prcterperfect and preteriro perfect tense, and
there is the conjunction conulative between
them, as if both tenses implied the same times,
which it is certain they do not, and therefore
they charge naught ; for a thing cannot be
done lately and formerly, and both at the sams
time.
As to the other words ^ ad capiend', seisiend^
< et imprisonand.', we are u[>on the forms of
an indictment, and must be governed hy the
usual forms : 1 believe there is no instance on
record, where these words are made wne of in
any acquisition of this kind ; for whirli rea-
sons we humbly hope this indictment shall be
quashed.
^\r. Ketelhet/, My lord, I beg leave to of-
fer a word or two by way of reply : Mr. Ser-
jeant Pengclly is phased to say, that sense
may he made of these words, and that *■ plc-
' nius verltntem' as it is, is good Latin, hy lift-
ing these words from the ht)tt<)m of the sen-
tence, to the top, and inaUing then) follow * ad
* inqiiircndiinr. 1 believe four parts in five of
the eafilion interfere between the * iuq«>i-
* renduin' and the * {denitis vcrilutrm/ a whole
eatalogue of offMuet'S s<'veral iiv!p[)endi:nt
sentenres, ilifferent limes, persons, places,
ttiin^^s all stationed between, and yet these
words are to be united : I would he ^lad to
know by what rule of granmiar this can be
ilonc ?
As to the word Christopheni*:, T shall not
further insist u|M)n that as a pn)p(T objection
under this head, because your lordship seems
to be of an opinion that we ought to have plead-
ed it in abAlement.
As to the word ' seisiend. % it hath been said
it is a word well known in the exchequer, but
I
til] 0 GEORGE T-
tbey drt mi ihevr one iutitance wherccrcr it
Wfts uied ; inil(^ell lliev mentioiv a |>rerppl to the
■beriff ' seisii'i t»cbs,* and the return * sebiri
* feci/ but what is thai to * lieiiiienditm \^ the
ooeis juslHied by u)»age, tlie * seisitus* as * sei-
* »iri ;* besitles * seisin^ is there u^ed ia the
rerj same sen&e which the bw hath impoiied
iip<inH; it U to be put into poii»pssioii, liie
landti are so delivered by the slieriff idto the
hands of the king, that he beciimes seized
thereof, * ul de femloet in fure coronie,' till ao
' aiuQveas tnanys' be obtained : hut if ever that
word was nut into any imhctinent la sig^nity to
fteize and jmpriiM>n the king, it is entirely un-
kiioivn tt> me*
Indeed here ii one piece of d<iclrine offered,
tbat if it holds good puts an end to all our ob-
jections, and ereu tu the uct ot^ parUameut on
which they are founded ; bui 1 ntust own it
ii entirely new to me: we are told there are
other worils in the indictnticnt, and o(her overt-
«£U, nnd if one act is siifficieolly expressed by
any one word, thoug^h there be words that are
inaproper and false Latin, \ei it shall not
ritiaie the indictment ; what a?ai1s tbeu this
act that efi]|>ower8 us to make objections to
tnU*writingj» naji-«pelUng» false and improper
Ijatin f It is t'npos^ible to suppose, that who-
ever bath tbe drawing ol an indictmefit
ahould moke fauJlSf and ht under on frooi
tirtt to tasi: no, in an indictment for high*
Ireaion ibe greatest care is, or ought to be
taken in the drawing of it ; and w here the
life of a person y and all that is Taluahle is at
stake, the law wili not ftubject any one lo such
dreadful penalties and forfeiture lor an offence
expresseJ only by words of an unknown or dn-
bioua signification ; and iherefore, we hope
ihftt this goes to the whol«, and that the in-
djcimeut Bball be quashed, or else it would
he nugatory for ui to be allowed to lake ex -
ceplious to ooe part of the bdictment, if the
other were good.
1 believe Mr Attorney won't shew any
iosiance (1 submit it to his greater experience),
where lie ever knew one o^ert-act m an in-
dictment aet aside, and the rest of the indict-
ment held good : excepllonv huve, ever aince
the making this act, het-n taken and argued by
eouniie], and determined ; but if this liea ^^utB-
cieot answer, turely they spent the time of the
Court lo very little pur[H>se, in debating whe-
ther there wera any fhults in the indictment,
when it was ao easy to Khew it wun not faulty
throughout, 51 r, Serjeant Pengelly has been
jileaseil to mention the opimun of my lord
chief jnstice Holt, U|mn one id" the trials be-
fore him, that although one entire ovt^rt-act
was insufficiently alleged, yet if there was nny
other well laid, the Court troutd not qttaiih the
Indictment;* I wish he hail fold us in what
trial, or where it ia to be found, fnr I don't
remember it in any of the printed trials: as to
what was meniioned, with regard to the au-
* See Uacb'i Hawk. FL Cr. book g^«« 4^1
§180.
kTwGpheir Layff^
tHl
thority of that b^ok, f >r the wofds * pTenioa
veritatem»' Mr Hu ne'er ford rightly otiser^fd,
thai the authoritv of that book was uiieijy
denied at the trial of Mattlieivs ; your lord-
ship was not there, my lord chief justice Kin
presided then upon tbe tiench, that book
ticutarly directed, that not only the names
tbe jurors should be inserted in tbe panueL but
also their additions, and the places wbec
they lived ; instead of that, the copy of i
panjtel delivered consisted only of a long lij
of bare names, no additions^ nor where ihe^
lived ; whereupon we made our ohjectioo, %wi
insi&ted on the authority of that book. Not
withstanding which, the objection was thf
over -ruled, and consequently we hope wt; tba
not be pinned down to the authority of th
book any more in this case, than the othei
for these reasons we hope your lordship wiil be
of opinion that the king's counsel have *"*
given u full ansiwer to our obj^cUous, and I
the indictments hall be quashetL
Mr. Hungerford. My lord, I beg leaT«
hand up this precedent of my lord Cok«'
where these words are entirely leffc out*
L. C. X What is the use you would ma
of setting up an extrajudicial opinion of __^
lord Coke's, as you rail it, againat the opinibii
of all the judges ? Because it is not io my
lord Coke's form, theitfore it is not necessary
or riglit; but at the same time you would have
us governed by my lord Cokeys opinion, you
would have us reject the opinion of all 'the
judges. My lord Coke may be wron^ j tbe
opinion of all the judges io an extrajudicial
case may be wrong; but it would be fery
strange to give a greater weight to the e^Ort*
judicial oifinion of my lord Ct»ke, because he
bath kii tne words out, than to the opinion of
all the judges that have put the words in ;
neither is concluiive; but certainly tbe opi-
nion of all the judges of later tioies, must
have more weight than theextrnjudicial opinion
of a single judge at any former time.
As to the matter of this ohjcctioo, you say
that in the recital of Uie coinmijisioii of Oyer
and Terminer, in tbe caption of the indictment,
it is aaiil tbe conituijvsioners had aothorily to
enquire ' de quibuscunq; p renin ion iluw Vf
* pleninsveritatem;^ * plenius vcrilatem' <
in afterwards: we have been t<dd oi cL>..l„,
and Ciceronian Latin ; and if tliertj he any
regard to he had to that, is any thing mora
common in every part of Cicero, than to put
words last, that in construe tin u muFt come
first ? I do not know any rule that is laid dowo
when the words coming last, are io construc-
tion to be taken first, hut only this, that the
construction is to l)e according to the natural
sense and import of the words ; and if so, tbefi
in the aulhortty of the commissiooers, where
it is said ihey were to enquire * de quibuscunq;
prodi till n thus, he. plenius veritatetn,' in con-
struction the last wonis must he taken tirst.
You say as they stand it is nonsense, and sig-
mhm UQ^wgt and the words vre Dugatury ;
1
IIS]
Jhr High Tnaxon*
A. D. nsf-
[Hi
hmm Diftterial where ibey »t«iid, they must
l» tttkrn Ml ttiAi in3nn<^ of construction ai
wttld wttke them sigftiificiin^ ibat in, by Ukingf
Aelvt wortfSf ' pleniui ▼eriutem,* to go first
to utwIiiittioD ; iben it ii fery proper iti4
Jvf, anrfvli willbeweU.
As td ili« iiiatu»f of the tiii9nom«f, that you
k«fe fiven op, and very ju«Uy, for yoirare
r I* pt<*oil that io abatement.*
i«iXt objeciron is, you uay here is itn*
Ifttiti, *• compasKavlt* in the preterper-
» imaen^^^u^ f»iit' io the same tense,
bat' in the preteiimpcrft^ct tease ;
XSL
^kit§mm words Uy i\\eiu%e\Te$i^ guppone iL had
Ian * Ma(rassavii' odv, * imaginatus fuit*
MtjTf 9€ * loieodebal* cinlYt would not either of
whether in the preterperfect or
ct tense, hare been sufficient to
' obirg^d Mr. Lsyer \l'ith having- some
t.Hl anil imaf^ined ihe dtrath
if^kiti^ , one oft htse Hords charge
km with the luient of couipa^siug aud iinsi-
l^ «ti4l that re-iates to a time that h passed^
preterpeHect (eose^ or prtterimper-
t m aot msleriil : then as to oue ol ihe
U, as here be a great many to which
as stjectioo is ma<)e, the hii^h-treuson is com-
j ttoti imag|iiiiiig the death of the kinjf ;
ftttvcsf'ttcfs are seferal, either is snfficietit to
•Ml ll>e treason of compassfnf^ and i ma*
the 4eath of the kin^. One of the
I U| that he did de^iig^iii consult, and
iffve * ill capiend, seiiieud", et imprisonand.\
wm pcrsoe of the kio^. Suppose it hud been
^■rf eaMesNl,* et imprisoDand.*, then you say
H hmd Wen well enough ; but the putiiufj m
iisi wvnl * seisiend.*^ will vitinte the whote^
WcaiiVQ It IS an improper and vicious word. I
4s«H know that, nor dare not say in a court
if bw lliat it is an improper aud \ icions ^ord :
Mi mrt told of a c<»urt ot lA\Ar where the word
■ uuBit mu6 bath the same signification as io
te iB^nrtment ; as to seize lands into the
iMiii of (h«f kiiigi to seize land^, or to seize
1k9 luit|^ |i€rson, the word i$ the same, and
W • mmm^ » fo^td, aud enough to sig'Qify to
lalidft, * seiifire' is enough to nij^nity to
' th« king'* person ; therefore t thiuk it is
ipro>iif*r worti ; hut whether it is or uni, there
ii MRcseitt in the indictment Io mainiaru tlie
divjfe sg^ainat Mr. Layer, for he is charged
irtib a consuhntion and' ngreemeiit to take the
with a con suit at I on and agreement to
1 detain Ihe king in prison : these
em without the word * scisieod/, but
sctsietid.' hath been a la w< word,
I to our proceedings at law, never oh-
10 ; bat if we say it would not sig-
A aeisiogt we must set aside half the
dio^ in the Court of Exchequer^ These
l£e objections you have made, and
apprrhensiun they ean be of no ose
Io yoQf ehent, they signify no*
• l^oach's llawkini's Picas of tht Crown
% c. 45. ( oa.
VOL, XTL
Jli%X, Pomyi. I am of tlie some opiuloa : not
the least doubt remsins with me.
Just. Eyre. I think the caption of the in-
dictment la in common form, and the excep-
tions to the indictment its«$if are fuUy an*
twered.
Just. Forte$cue Aland, I am of the same
opinion ; and think the objections to be of no
weight,
L. C* J. The objections being all orer-ruted;
demand of him what he hath to plead.
CL of the Vr, Christopher Layer, hold up
your hand. How say you, Christopher Layet,
are you Guilty of the hi;;h'treasoQ whereof
you stand indicted, or Not Guilty f
Prisoner, I dcjiire my plea of misnomer may
be received, ^liid 1 plead Not Guilty as to
tlie fact.
CL of tht Cn reads the plea,
*^ Et Christuphorus Layer ad Barram hic
duct, in propria |»ersoua sua venit^ et habito
audit u Itidicttiment. pnedict. dictt quod ipse oil
persoua in IndictameuL pnedict* mt^utiooaU ct
nitens. |»er nomen ChriKiopheri Lay<?r, tJUMr
de paroch. Sti. Andnei Uol borne in Co^* Bul»
VI r. etveriiUH quern indictauicnt. prtjedtct. pru-
lal.existit pro a!t. Prodiiione prttdict* et dictt
quod ip»e ad Indictament. illud re-^pondere
compctli no[i debet, quia die. qtiod ipaediu aute
teuipus caption. JndiCtanienU pnedict. uecnoii
hiite tempus oflensi in Indictament. ill. specie
ficat. et heri i^upnomt. Baptizatus fuit per
I nomen Christophori, et per id nomen Christo-
' phori semjier a tempore Bapiizatlun. suts hu-
jusque voeat. nuncupR(> el cogoit. fuit, et hoc*
pHrat. est terificare ; unde ex quo ipse non no-
mioatur m Imltcrament. predict, per nomen
Chrislophori, petit judicium de Indictament.
illo, et si ipse ad Indictament. pnedict. ullctius
retipondere compelli debeat, Ace. et quoad pro-
dilion. in Indictameist, pra.*dict. mentionat. ipse
prteilicl. ChriMophorus Layer dictt quod ipso
m nullo est inde culpabdis, et inde de bono eC
malo ponit se super Fatriam, &c.*
" j, hungciiforp,
** Abkl Ketelbey.**
X. C. X Your plea is reccired. He hath
pleaded in abatement first, and then ple^do
over to the treason. What say you to it ?
Serj. PtfigeUy. It cannot be expected thai
we should luve' a rapljcation reody to their
plea in abatement : we were not aware of tliis;
therefore we ought to k«ave time to draw up a
replication.
X. C. J. What say you to it ?
Mx* Hungerfht'd and Mr. Kttelhey. My lord,
we have uo objection to it.
♦ " The rii-ht « av seems to be, that ph
should be followed wuh an o, aud/ with an tf,
the ftrst being derived from the (Iret-k, and the
other from th« Lstin. See Lowick'g indict^
inent, vol. stiir, p. '275, where it is Christo-
phonji Knightley. See alio Co, Eoir. 61* a.
55, b. 215, c. 80g,c. d, 310, i. b, 3X9, a, 331,
b«** Pomicr Kdiiim*
1
1I5J 9 GEORGE I.
£. C. J. Well, the plea is recorded. Con-
sider DOW the question on this plea, is, wbetlier
be iras haptizetl by tlie name of Christophorus
or Cliruitopheriis P
Serj. Pengelljf, My lord, to-morrow and
next day beiog holidays (else we should ha?e
been ready by to-morrow) wt therefore pray,
that he may be broujj^ht up ai|;ain on Saturday
by rule of this court.
Mr. Huveerford, I ba?e some deuM whe-
ther it can be by rule, or by Habeas Corpus.
X. C. J. When once a Habeas Corpus bath
been granteil, and he is broua:ht lietbre us, we
can order him to be brou<)fiit aj^in by mle.
He most be taken back again, and brought up
here on Saturday next.
November 3, 1722.
The prisoner was tliis day brou«^ht to the
KingVbencb-bar by the heutenant oi' the
ToncT, hi obetUenct to the rule of Court made
the 31st of October;
Att, Cmcii, My lord, I have demurred to the
prisoner's plea in abatement, and pray the
demurrer may be read.
CL of the Cr. reads the ilemurrer.
«* £t Uobertus Uaymoiid Mil. Attorn. Dom.
Reg^s Generalis qui pro cudem Dom. Rege in
bac parte sequitur haliito audit, placiti pitcd. in
cessation. Indictament. pried, sujierius pla-
citat. pro codein Dom. Kecre dioit quod idem
pincit. materiaqtie in eodem omtL-nt. minus
•uflirien. inlegeexist. adipsum Christopheruiu
a rcspr.ndend. ad Indicument. ill. excu sand, ad
quod quidem placit. idem Attorn. General,
necesse non habet, nee i»er legem terra: ti^uetur
•lique modo respondere. Etlioc idem Attorn.
General, proemlein Dom. Rege pamt. estrc^-
ticare prout Cur' ^c. Uude pro iusuf&cieiit.
placit ill. idem, Attiiru. Dom. Regis General,
pro eodem Dom. Rege petit judic. et quod in-
•lictament. prwdict. bon. et sutliciens adju-
tlicetiir, ^c, Rob. Raymond."
Alt, Gen. We pray tUey may join in the
demurrer immediately.
Mr. Hungefford. My lord, it is altogether a
surprise to us, and as the clerk hath read it, it
16 impossible for us to take the substance of tiiis
• dcuKirrcr. We therefor? hope we shall be al-
Jowed a few days to consider of this matter of
ioiuiiig in demurrer. We shall not ask many.
The prtcedeuts are so, the prisoner was always
Indulged with some time m a case, of this na-
ture. Before the act of parliament for regu-
lating of trbls, where matters of law were
started, or any special plying did arise, the
prisoner was mdulj|^ed with a great number of
t;ouosel . Fitzhams had Ate, a greater number
tlian I ever knew engaged on one side in deli-
bcfrations of this kinu, unless it were that
number of learned counsel which met to adviee
upon, and adjust this demurrer. But 1 think
in the ordinary course of tbe Court w are
proper to desire two or three dayii. Tiro or
tluroe days is bat a liltle tinob opociallj whm
Trial of Christopher Layoff [IMF
the life of a man is concerned. Mr. Attomcj
took from Wednesday to Saturday to coosider
of our plea, we hope at least the same time
shall be allowed to us to consider of this de-
murrer. I have in my hand the amigDiDent
of, and proceedings against FitEbarrii, lie wa»
indulged several days.
Mr. Ketelbeff, AJy lord, I have brooffht thr
book along with me relating to FitxDwim:
As to the matter of having time to join in de<
murrer, whether we are not entitled to il Iqf
the rules of the Court, 1 must submit to yoer
lordship, h is a case of great oonseqnenoe &
and, as I takejt, tlie constant practice is, thai a
four days rule is always given to join ia de«
murrer. This is alwsA s done, as I am in-
formed, on the crown-side as well as the i ~
side. The tenor of the rule is either to joiB tt
demurrer within four days, or to wave tke
plea ; but Mr. Attorney requires to do it ina-
mediately. In Fitzharris's case the attomcy-
general demurred in court, and the oouDsel OB
the other side refused to join in demurrer ioH
mcdiutoly, and they had from Wednesdav t»
Saturday. We hope therefore there ihdl ee ft
four days rule for us to join in demurrer ee in
all other cases. If we are not regular in in-
sisting upon four days, we hope at least your
lonltdtip \ull indulge us with some time; or if
uc tio immediately join in demurrer, tliat wm
shall have some time to prepare oureelfw 1^
argue it.
L, C, J. How say you, Mr.Haroowrlf hew
is the course of the Court ?
Mr. HartourU My lord, in criminal pron
outioiis for misdemeanors, two four day mliP
to plead are given, and a i>eremptory mlemof^
for; and tlieu if there be a demurrer, one ftq^
days rule to join in demurrer is gifen, indn
peremptory rule moved for: Bat in
cases tiiere is no rule given, either to
join in demurrer; all proceedings in
cases being at bur, the prisoner is obliged on
occasions to answer immediately, nor can '
be any instance shewn to the contrary.*
JL C. J. The course of the Court is
you.
Mr. Kungerford. As to the conrse of d
Court, 1 Imow no better description of it, th
that it is the iminterrupted usage of the Co^
warranted by reason, or at least not coo.^
dieted by it. The officer tells you that in «
minal cases which are not capital there
rules for four days, and four days to plead, ^
likewise a four days rule to jom in demnr^
and surely if in a criminal case, which ie
capital, a man is indulj^red four days ; an. 'i
in a criminal case as this is, which it o
and doth touch a man's life, his posterit
his estate, by parity of reason, the indnl
ought to be more than four daya^ I iiegl
to observe one thing in the case of Fiw
now in my band,
aska the prisoner,
• Aslothli iM-
Bobert Johmii
bine in the case of Fits
d.llykml chief justii
r, wiU you picsi ofr-*
I fira may bt^e any time in reasoo.
my Wfd, we bave fUeaded oter, we hate
mmk4 Noi Guilty as to ibe otfence ; i<> that
Ibf tbift rcftsan we might bave till Hilary term
wad^ btca.v»i we bate forwarded thein in tbeir
already by pleading Not Guilty aa tci
ibc Ii4(k>lm«m/ And we hope, theretbre,
Ite ffsten^ii of the other side vf ill not
lEBi wHb tas for two pr three days in a caae of
Mr. Eiielbey, My lord, I ooly t>eg leave to
ate tbis single word, that tve do not iDsi^t
o^tftblbr delay, or to put off tbe trial j we
M«f ftgmiie*\ firer to the treason, and in caiie
aM JuIq in demurrer^ whatever time is
np in arguiui^ it, cannot obstruct the
itog« ID order to the trial i nay, the trial
le Iftad before tbe matter of tbe deniiirrer
WiiimiUied.
I. C. X 1q case ymt should join io the de*
tt«Mr, w bat can you do elie f
Mi. Keiclbry, f believe we abalL I f we had
'«p( tliDQght our plea would bare stood a de-
VttTfr, w«! had not made use of it*
8e^. PtMgeliy. My lord, what be praya ia
IfiiMt the rules of tbe court ; in ail capital
I <attei tlicre arc" do rules given to plead or joitt
Ib demurrer, but the proce<edinga are all * in-
I HMer,* tbe prisoner being present in neraon,
I^mI llierelore, my lord, the re is noihing m what
^Hibij wit. When tbey put iu a plea id abate-
^pVOll bere al tbe bar, which cannot be ex]>ected
I m dtoOflil af, it is reasonable that there should
I kt womm time to conaider of that, to &ee tbe
sgbm of it^ and cotisider what to answer to it,
Wt hare dernun^ to their plea ; no doubt
tlkay had ci/nsidered of their plea whether it
Was a |roo<I plea in law, or not; if it be not
DDOit, can they amend tbeir plea in abatement 'f
u was never allowed: If they can make no
iUeralioQ in that, what can they do ? Tliej
AMI do oothiog else but join iu demurrer ; it li
all tWjr can do ; and when tbey have joiued in
dmurrer, westiail f«e if they have any reason
<BrfKrtlicr time* But aif to what they say,
Aat ii lotlie Sttfficieoey of the pica, it may &e
■rnii4 snolber time ; and as ihey have pleaded
•far lo ilie treaAon, there needs be no delay aa
to Ibe trial ; I would he glad to see whether
Iv this lliey 60 not deprive the cro^ru of the
rfmipo, to proceei) in such manner as shall be
^•i^it most advantageous for the carry tag on
^ plOtttutJQD ; but IS it advisable to leave a
jfm in afaatemeot to ttie whole undetermined,
is4 lo try tbe issue Htst? I believe ttiey can
lifv AO aocb tostance, and therefore in all
i i^aaes, as well as iu criuunal, the pjea in
BCfit goes to the whole, to destroy the
» ifrdiiOtiiieDt, aud indeed ought to be de>
before the Court goes 00 with the
InM* My lord, we are surprized at what tbey
•cHi by ihta, when they can do nothing else
bit jotn in demurrer, and therefore we hope
^^^iLftbali join immediately.
^^^Hb* Gtn* Aly lord» what we insist upon is
pWi new tbtiig i the coastant practice io cases
if ibit ptlitrt Das beeOi tbat if a demurrer ii
put info tbe priiioner*s plea, be most join in de-
murrer ' instanter/ 1 believe tbe gentlemen
of the other side cauntit i»hew one instance to
the contrary. The prisoner can do nothing
but join in demurrer. As to what ha;* been
said about our having time from Weilncsday to
8aturday, the reason was because Thursday
and Friday were no Westminster ball days,
for which reason we could not have the pri-
soner brought up befure this day < Tbe putting
in a demurrer to this plea can be no surprize to
the counsel for the prisoner ; for yesterday wa
sent C(»pies of our demurrer to them. Mr*
Pember, tlie prisoner's clerk in court, had a
copy or it by two of the clock in the afternoon ;
and the prisoner himself had one about four
oVIock. As to the case of Fitzharris whicb
has been cited, it was a plea looked upon to cou*
tain things of very great difficulty ; tbe time
asked for there was not to join iu demurrer,
but the time applied tor was lor settling the
plea ; but as soon as Mr. Fitzharris bad
pleaded, and the Attorney Ceneral bad de*
murred to it^ the Court ordered ttie prisoner to
join in demurrer * iastaj3t«:r.* As to wbut baa
been said, tbat we may [iroceed to trial on tbe
plea of not guilty before the demurrer lo tbe
plea in abatement is determmed, tbat ia by no
means advisable; tbe consequence of that
may be very ratscbierous ; for if tbe Court
should be of opinion tbat the plea io abate tnent
is goo<J, afler we have disclosed tbe wliole evi*
deuce aguiu^il the prisoner upon tbe trial,
tboui^h we ohiained a verdict for his majesty,
the whole must be set aside ; and therefore we
hope your lordship wilt uot break iu^o the com-
mon metJjod of proceedings, but make tbe same
rule for tbe prisoner, as luways haii been made
iu cases of the like nature ; whicb ia, that be
shall join in demurrer immefliately.
SaL Geii, My lord, I agree with the counsel
for tbe prisoner that we are io a case of lite,
and that is tbe reason why their client should
ba^e all the indulgence the law %vill allow him,
Bui I beg leave to observe, tbat we are not now
00 a question that directly concerns the merits
of tbe case, nor whether a prisoner who is to
answer for his lite at this bar, sliould have time
to senit for his witnesses, or prepare for his dt;>
fence. That indeed might be of a different
consideration^ But we aie now barely up^m a
frivolous^ dilatory plea, ns frivolous a plea as
ever was oFlered in any castf whatsoever; and
the question is, whctbi'r they, who have pre-
|tarea and put in this dilatory plea, shall have
time given them to consider, whether tbey wilt
join iu demurrer upon it or not ? As to the
case of Fitzharris, whatever they have inferred
from It, J think it nether turns against them.
Was that a plea of Misnraner? A letter pre-
tetided to be mistaken iu a name, whicb 1 beg
leave to say, when consideretl, will appear to
have been always so written in legnl prf»ceed-
mga: No ; it was a plea of the pendency of ati
impeachment lor the same offence, sent up by
the House of Commons to the House of Lords,
and by coniequence^ iu tbat case, tbe prero«
4
119]
0 GEORGE I.
Trial ofChri^ofher Layer ^
[IflO
l^atiFe of the crown, the jurisdiction of the
Lords and the privileges of the Cummons were
highly concerned. This was a question of as
great weight, and perhaiis of as great diificuhy,
•s could come before the Court, and therefore
the prisoner had time given him to plead that
matier ; but when the Attorney General de-
murred to it, the prisoner ioined in demurrer
instantly: And as Mr. Harcourt acquaints
jour lonUhip, the practice is, that there is no
such rule for proceeding upon demurrers in
capital prosecutions as in other cases ; and this
appears by their never being set down in the
paper to lie argued, as demurrers always are in
other causes. 80 it was in the case of Fiiz-
harris. That was argued by four or five coun-
■elof a side, without being set down in the pa-
per. Id the case of the prisoner, which is
3'onr present consideration, more hath been
done for him than was done for Fitzharris.
Here is not only a demurrer given in by Mr.
Attorney at the bar, but the prisoner's attorney
had a copy of the demurrer at noon the day
before, and consequently they could not want
notice that we intended to demur, nor be un-
der any surprize from it. What then would
they take tune for ? Can thev do any thing
but join in demurrer ? Can they amend in
capital cases P Or could they amend a plea in
abatement in any case ? They Jcnow very well
that thev cannot. Can they withdraw their
plea ? I believe they cannot do that neither
without tiie consent of Mr. Attorney General.
If this be so, would thejr take time to consider
ivhether they shall jom in demurrer, when
they have no choice, when it is impossible for
them to do any thin^ else? But, my lord,
the method of proceedmg we are now insisting
upon, hath been always taken in capital cases.
I agree, when the question has concerned tbe
merits of the prisoner's case, or when he has
been to prepare and consider of some matter
which has beeti, strictly speaking, his defence,
time hath been allowed, but not in other in-
stances. Where the exception taken hath
been to the jurisdiction of tlie Court, and time
has been desired to make it good, it hath been
denied ; as in the case of my lord Preston,
who was tried before my lord chief justice Holt,
and other jud^res at the Old Bailey. My lord
Preston insisted that he was a ueer createil by
letters patent of king James the second, and
consequently that the Court at the Old Bailey
had no jurisdiction to try him, and he prayed
time to produce his letters patent in order to
prepare and make good his plea ; but the Court
refused to give him time for that purpose.
And 1 believe it will be fbaiid, that in all in-
etances when pleaa have •PPeaied od the flrat
' rm oftben to be merely Uetory. and ofmd
^noollMw wmm^ luA te Mav dial mtiee
think in civil actions the Goort
would set this plea aside, but in a ease of life it
is received ; and Mr. Attorney has tboe^bt fit
to demnr to it. Is any advantage lost, ter the
prisoner to join in demurrer instantly ? 1 ap-
prehend what they move fur is to have tine ta
join in demurrer. Are they notes reedy to do
that now, as if they bad a week or tea daya
time given them ? Is there any thing else eea
be done ? And is there anv occasion fur tisM
to do that which must be done ? And cenaot
thev as well j<iin in demurrer now, as if tbi^?
had more time to do it ? Certainly tliey nsajv
my lord, since by the rules of the Court (as mtm
Hiut^ourt intbruis your lordsbiji), there is ao
rule given, but they are to join instaallj.
There is no reason to allow them time, 1 '
thej^ can lose no benefit or advantage by ioia-
ing instantly. So then, as we appreheiid, wa
are in the course of the Court, aud there is no
reason why the course of the Court shoald ba
altered in tbis case ; we therefore hope that they
shall join in demurrer immediately.
Mr, ^Vi^ My lord, I think there is wMaa^
in the exception of bis counsel not beiii^ ready
to argue his plea : no doubt they consideied oC
it before they brought it in ; and wbea they
had produced their plea, Mr. Attorney
inurred to it. 1 cannot see why they shi
insist so much for time, when they can de
nothing else but join in demurrer ; therefore wa
hope that they shall instantly join in demuner.
Air. Ilungerford. My lord, 1 beg leave le
set a matter of fact right, that is as to the ceaa
of Fitzharris, which was mentioned as an an^
thority against us by Mr. Attorney, but in trath
is not so ; for though Fitzharris's cnunael did
join in demurrer innnediaiely (or * instanter,'
as it is called) yet that was not by the eoerdeo
of the Court ; but they voluntarily offered le
join in demurrer, upon an opiniou fas I prs-
sume) of their own great abilities and sell-snf*
6ciency in the matter. But we have not thai
opinion of our extempore perfonnanoea, bat
desire time to consider of thiH matter. As tm
my lord Preston's ca»e, qiuited by Mr. Holici-*
tor, it is troe the Court diti not give liim leaviR
to send for his letters |iateut, because, ei
kn-d himself had opened them, and the
was, his letters patent w»'re dateil at St. Ger-*^
mains, and griinted by king James there,
his alidicatioo ; and it would have been
highest iudi)(niiy both to the Court ami tfae^^^
veroment, to iiaVe such letters patent plced«^^
or insisted en ; and 1 believe no gentlesMik.
the liar then, or now, would have signed a -^^^
a pleii, which if allewed would have im|
that tlie government was not well 1
their majestiee kiog William and queea
end that king James (tfaongb at St. '^
bed a right le oeate peers, and eoasec^w^^^^
WM nelly kiaf. But if my lord PreBU.% .^^^
*-4' UntKB aalent regularly gvaaled U^^^
> -r Iniy WiNMMh in kschenl
*a#^
lich
book
Jfof High Tnason*
in tod to tilm there; that^
ibijofi, was iii9 reii«ion why
iDilutge btm wKli time, »tirt
t%«fc»^irt, 9 («ope, 19 of no
ftK. Jt if «ai<i we ire tieil
i , w« knew out own strenf^th
i!^ and Itieri^lnre oti^lit to be
li liul if ui^y ineniory «Kilh not
sndnrv t nrjjeak it with aome
M»m aneioftaiices where even
« tt p]«« haU) bc«fi jimeiitled.
«• 4ion« h the e«Me (>f my lord
vrwB a pi en to the iiir indict ion
JIIv lord, wc »hf*ll desire hut n
fviiioh I hu|»e will be ^rrAuted as.
My lord, hb to Fitxharris'ti
wmn, amended th^re: the firtt
1 io hj Mr. FiJzharris \\{m-
fileci Wia brought in ai>d
incr llie plea was read the
lihn ^ouoaelf and ft^ve him
*"* ' ' t*i nut the plea in
ana it was alterod
on Wednestlay. As In
J «ay!i* that the Court com-
til) ifi <^ifiurrer ttiitiinily^ the
ok which I h*Te in my hand
w^ iHat are aisii^ned counsel for the
ii al Ike bar, we do not desij^n to de-
f<Ciatditig»> litit to declare that ne will
lignum wkb Ihem immeihately.^'
I llfte words of the hook ; so that it was
■tvry aet of the counsel, and they
■i all f-.'^v'^Mf-d to it by the Court.
hat M* t o!»»en't»s to be tiie
} la., . -J ; ihat we cannot shew
' to the ronirary ; I d(i not know
Ri «li*»^v one invitAnce for it, ex-
Iiirriu ; if they can
nne instance, we flhati
M a frivofon* plea, ibe variation of
|ifl4 nc^vr writ otherwi!it>. %\ bet her
mr nat will uppifir nheu it corner
feofdahtp in pnf lament : a» to its
f •Tiiaotberwi'.t' \Un\\ with an c. I
Mlbcy can And ii in aity bouk
f^ml upelt so, unlesc^i Ihey liuve
• Ifiilr actor Ckrric-alis :' all the
ttty an* otherwise ; 1 hrlieve
^1 hui iittir weight. M
, which Mr. S*Wtci<or
'. 11**- that the Court
tke out liis plea,
I hail'. I ample ansi^er
9 ai» lii tUe ctrcum stun CCS ;
fthat lord had l»een «uch a» the
fcf miitf wdit ij' t' |drn«ed to state
^^^▼r, but t)»f contrary to what
^ Fitzhamit's case, and there-
tffta bw niaife of i| i* one 9111-
r? and whrrr ^1 1 k
' *^**'' '"'hihfrnce «»i (
^ h^^mr of lite, anil ^niin un
pM^if at Ibe OBtureof tke thiujj
(ttttp^ Mi taiatiiitly li> join in
) «riiU
A- D. 1793. [ISf
Ait, Gen. My lord, 1 beg leave to state ««•
fact right, and that is as to Fit^barns's case:
they say the plea was put in, and sf(€!rw;irda
amend eii ; that is a mistake ; the fact was, thai
hit wite broui^ht a ptea into court ^ and olfereil it
to the Court, and pressed it tiii^lit l>e reoeivod (
but BIr. FitzhniTis was adviied Ut consider
what he did, and thereupon he took it back, aiUI
aHerwards brought a plea "in, wl»ieh was ra-
crivetl, and after that it was nerer allcreil.
L, C. J, I d^rv say it is the lira time tbal
ever in a capital cui;e, when a plea iir abata-
ment was pleaded^ and the Attornev General
thought tit 10 tlemur to it, that the'party de«
sired time to join in demurrer. You arr not
entitled to any time by ibc course of the Court,
you cannot shew any iniitance to prove it ; the
question then is, whether you have ^tven any
reason for us to indulge you with lime, ibat
never was i^nmtefl in a case of this nature.
You have pleaded in abatement ; you were
enabled so to do by baring' a copy of the in*
dictment ; you brought your pltia ready en-
grossed, and put it in. Mr. Attorney not'heinf
aware of any »uch plea^ it cotild not be expect-
ed he should be ready with a demurrer Ju hit
hand to this plea, and therefore be desired time
to consider of it. The next day it could i«ot be,
nor the next atkr that, they being holidays ;
but then tlie very tirst time that he had an op-
portunity to come, he comea and demurs te
your plea: but vo« deaire time, and why
bbonlri you not have time, when they had
time, to consider whether you shall join in de-
murrer ?
Do yon want time to consider whether yon
shall join in demurrer, after you had time to
plead and draw up your pl«»a, and have brought
It into court? \Vbv vtiuuld you hare timef
Can you do any tiling else hut join in de«
morrer? You can <lo notbiogf ebe : and unleag
you can shew any reason why tb*; Court sliould
indul^ you, if you do not think fit to join, we
mu«t ^'ive judgment against your ptea. Yott
till IIS (»f the case of Fitzh arris ; that is as
widely different from this caae as any thin^
can be. It was a ca».<* of great difficulty, tlial
reijuired ^reat ctm^i deration, whcu a party
comes and informs tiii^i Court, and insists he i«
not %vithin tht^Jurisdiriion of the CuurC* H'ben
a maiter is iirt;c*d to uh as a question of law, if
we were not Ixmtid ik% we are by act of parlia-
ment, we would certainly iu^»i|fn counsel to the
prisoner to id^^itd a maiti-r of ilmt nature ; and
when the Court in FitzhtirriH'ti cHf^e had aa-
si(fned him counsel, were thi>se counnfl to ar-
gue jmtUf'diMtely f It was nothing hut justice
to give tli»iu time after they were as«»igaed, to
Afffue a plea of that nature ; a |>tca in whtcK
the prerogative of th« crown, the junwliction
of the Hoim' of Lonis, and I he riijh.s of the
Comtnona wne concerned. The Court ^ould
not run hastily into the dctrrmmirtif id that
msttff, without Itearing it drtj^ted by coun*te1,
attd tberefbi^ they gave the coumel time, upon
which they tnigbt be able to give 0 just judg-
ment. U there atiy thing in tbia ease like it f
I
I
I
I
I
18T]
§ GEORGE h
toen of the «lhc*f side seem« to gire » ftati<'tiou
to it, and mukee it oot so friTolons 89 liatU Wen
f«|i reset! ted.
L. C. J, Whtt dr» ytm tiietti, Mr, KiHelhey ?
Mwc is ftothmff asked of yoti : you do di?iirt
t(| wave «ud witlidiaw your ptet ; >ve desire i4«
koovir, if vou do» whether you will plead by ibe
Qitne a» it is iti the indtctiuent?
Mr. KeUibty. My lord» wt? do.
Alt. Gen, We desire lh< |d -a €>f Not Guilty
may be amendedf upon the consent of the pri-
•ooVr.
Mr» BHn[rtrford. We oflVr now» let the
|iiece oJ'parcliiiieftt be eiilirely aWU^ihetl, take
iieiiiirdy out of the way, aud wa plead Not
Guilty.
L. "iC, /. Your plea moft be now * et prtc-
dict^ Christopherus ikictu^ hie ad harraiii,' ^c.
iWr. KiteiUff. We siihmit it.
■ PrutmtT, I desire to viithdraw and retract
Ilie«iher plea, and do plead Not Guilty.
L.C.J. No, it uiust he mel1dt^d ; yoo will
liear hoiv it is when U is ulriick out and amend-
Itd, ami Iheu y<^u will idl us whether it is
lueuded Acordiiiij to v»ur iutent^ or no.
CI, efthe Cr. '* fit pricdieiyfj Cliriwtophenjs
Layer allocuiua existeus per Cur* hie de all'
^roilitioii* firiEdu*ta|>er Indiciament^ piietliei' ei
•uperiu!i iiiip4»i»it^ qoaliter «*e velit lode aci}uitv
tail, ideui Christopheius L:tvei' diet t quod ip&c
In nulio est inde culpnbiiiii ct tnde de botio et
tnalo (Mtiit se super patrtaiu/*
X. C. J. Is this accordiug to your intention?
Pnumer. Yea.
Serj. Pcfjgetty, My lord, I behere it is usual
I In these cases ♦t>r the Couit to*appoint a time
ibr (he trial; the lust return hut one m this
tcrtn is the 19th of November, so if you please
it may He the * quarto dte (»ost,' which I think
la Wednesday, if that he auiiuble and C0D¥e-
^ iiient to the Court.
X. C. X What aay yoo to it ?
Pri9oncr, I desire your lord&hip would
fire uie a louv^er tiny to preparf for my trial,
have a ^reat number of witnesses, twenty or
' Xiiore, most of them peopit* of the first quality.
\ 1 hope I shall hav'e the common processes of
ttie Court III bring them here ; and, my lord,
Another thing' 1 desire is, tbat f may have a
Hiibees i'orpus ad testificand*, to briD|< my lord
North and Cirey, and my lord Orrery at my
IriaL That, my lord, you would pleaiie to give
Rie as long* a day as you can to prepare for my
trial ; if your lont^hip please it may be Mmi-
' d^y the 26th, and tlien your lordship will hare
ft aay of rest between.
X, C. X That will be out of the relurn.
Mr. Hungtrf'ord. They tnust appear, and
I then may be atijoumed.
X, C X It CBUuot be adjourned over be-
t jroud the return.
Mr. Kttelbty. My lord, the prisoner hath
( fhewnthttt hehnth io uo rt*p*'cl aftecled delay,
X. ex. It caunot be. God foihid that we
•bould deny the prisoner to hare a reasonable
time to prepare for his defence-, it is three
we^ktffom Jbcwce; ^ou have been aware of it
Trml Gf Chridopher X ffyf r, [ ISS
I hing^ before; you have known the indictment
was loond ; you have had s» copy ok' it ; you
have known your chttrt^e; and is not all this
I lime enoujjh*.* Consider, the term dr«ws to*
I ivard an end, aud it interferes wiih the com-
mon b4tsines8 of th« term if we carry it to a
farther day : we do agree the Venirt^ to be re-
turned Ociab. Martini, and the trial tlien moat
be the * quarto die po^t,- i^hicii will he Wed*
aes<lay the '21aL Aud it is proper tor us tfi
give yoo an intimatiori now, not to eX|K'<!l any
further lime, or the jury to be udjounied ; do
but consider what a multitude must be bruughl
n\t^ ei|r(ity at least ; the prisoner bath a privi*
le^e to challenge 35 pei'cmptorily, aad after^
fop cause, as many as he pleaMes ; so that a
great autnlver must be hn>ught up ; and ioif
Ihem to be forced to attend here the 21^1, %xA
still the trial to be put uflf, it will be a great in*
convenience and a gi*eat charce, tht^refi^rc lliai
must be the day \ we shall not consider lo put
it off till any farther time.
Pritmier. 1 beg leave for one wnrd more j
I have a witoei^s that is to oouie from £din«
burgh, and I eou Imrdly have him here by the
2 tat. If I could but be indulged a few dajf
longer— —
X. C. J. We cannot do it without luakinj
an error in the proceeilmga*
Pri$on€r. b thei^ uo other returu for a Ve-
nire to be returnable I*
X. C, J. No ; there is none but that, 804
the last return of (he tejtu ; and it is impoatilile
to try him tliat day, without doing a manrf^il
wrong and injustice to the people of EnglTind«
Prisoner, My lord, where a aian*8 life is at
stake, if I Kliould not be itululged over till the
last day of the term, for want of a witness 1
may be in danger of my life : 1 hojie therefof«
your lordship will please to indulge me,
X* C. X You have had a great deal of time
already, time sufiicienl to bring your wittteM
from Ediiihurgh, or any othei* place, aud wa
cannot do it. To put you oA' to the last day ^
the term, is to do a manifest wrong to the jieo*
pte of England.
Prisoner, The reason why 1 mention it aver
and ovsr again, i^-, because 1 would not giver
your lordship the trouble to be turned over to
another day, on troubhog your lordship witli
a til davits.
X. C J. Vo what you lay beiure us as mat*
ter proper for consideration, we shall do wbai
18 just. It is not proper for y ou lo tell us what
we have to do, and to make bargains with os.
Thai is the day of trial ; it most be on Wed-
nesday the tint : your counsel wilt tell you if
is im|>os«ible to comply with your request^
without dolug the maniiesteat injustice io tba
woild. Or else, whether to try you upon the
yist, or in two, or three, or four days ntr.r, t
do not think the consequence worth disputing ;
hut we cannot do it without douig wrong aud
iujUHtict' to the people of EtigUnd,
Ptnoncr, I hope I shall be ludulged two CT
three days.
X, C* X* We Gaa aay no in^re^ TIm taa§
High Treaion*
hmA fbr prepiiration for yaiir trial we
tbaodanily mlEcieut tii prepare yourselfi
fere wc are of oinnioo tbat tbe trial go oti
tktt dmf ; and we order it acconlingl v*
Mr Ktitihof. Your lordship will pfea«c to
a rtUe ftir bis wife and sister to come to
A. D. 1722,
t. C. X ^o ; not for his irife and sister.
My lord, for a single woman to
^ I the courts and tlie gnanls, to be
herself, it is not so proper, my
C-/. Yoti shall have a rule from the
votir wife to come ; as for your Btstor,
Wve that to the direction from ano-
We must not be too forward in
women to come, we remember an
occmsinned by a woman comin*^ tliiihtfr.
0rt». There must be a rule to bring him
dav of his trial*
^Ibey, ' My lord, as to having his
Corpus ad testi^caud' for ra^ lord
an4 Grey, and my lord Orrery-
L C. J, You mast give notice, and then
as^e miukl you please.
Ilr» Uut%g€rford. By what was said, I did
y<i«iLis:u4i4, I must confess, that though the
ll was tQflde for the wife only, yet that it
%bl be ift the power of tbe gentleman jailor
fomiX l»er sister to come with her.
£.» C J. We ifive no direction concerning It.
_ c will have a rule from the Court that will be
Im ilti«ction» unless he receifes any additional
Anfiioii from auv other place ; but the Court
ti»ia bis wife only.
ilr- Ktielbttf. Ijiere was another thing' men-
iisMd, tl»ai he may have copies of his papers
iktX mtte wixed.
JL C J, Gire notice for what you think fit,
mik more it.
iVopm^er '21, 1722.
^K Thisday ChnstoitherLayer, esq, was brought
H!|i|b«< lii*r I.I c'Hiftody of the lieutenant of the
W TffWt. 1 -I nee of the rule »jf Court made
I fv tliii , - i\ ill order to bis trial,
I CLf^ the CV, You Christopher Layer, now
I alMiiwr at ibe bar, these men »liich you shall
■ bar oilM, and personally uppeur, are to pass
I lnwern mir «io?ereiirn lord the king and you,
I y> ' M«ir hfe and death : If you" will
I dalit I, or any of them, your time is
b chaJlini;^e them as they corner to the book to
k »n«Ti. and betbre they be sworn*
JTriiitrnife Nurfon,esq*
Mf. Hungrfjofd. My lord, we desire that
liiirofu m^y be taken off.
Im* C- J. Vhe. ironi roust be taken off; we
itin iKil trir till the irons are taken off.
Prt*0iicr* 1 bope, my lord, tliat the irons
ihanbeimwukenoC
JL C. J. They Khali be taken off.
Ifr Hungerford. Ttie poor man bath been
ipprewied by these chains, that be was not
iBMi to pri-pare his brief I had it not till lafe
Im oigbt ; and ii b ten sheets of pap^r*
fOL. XVh
[120
You have
AtL Gen, W hose fault is that ?
had time enough.
Mr. llungtrjhrd, it is the fanlt of the rrobs»
Mr. Attorney ; the brief was not brought to
loe till eleven of the clock last night.
X. C, X rt was an omission ; they should
hare been taken off before he came to the bar«
Alt* Gen* There was direction giren for
their being taken off before ; how they cam*
not to be taken off, I cannot telL
X. C. X Are the irons taken off f
Gent, Jailor. Yes,
X. C. X Go on.
CL of the Cr, Heneage Norton, esq.
X. C. X You roust call over all the Jurr,
Mr, Hungerford, I thought they would ba
all called oier once, before any one is endea*
voiired to be sworn.
CI. of f he Cr, They hafe been called oret
already,
Mr. Hungerford, When P Not tince the
Court sate, I am sure. I would know whether
the intention is, that nil the pa nn el be called
over before any one of them is sworn, or that
the pannel is to be calleil orer but once, ijind the
jurymen sworn as they thru appear ? What I
have observed is, tne clerk calis over the
whole pannel first, to see how many appear ;
and then calls it over again, and swears them
as they answer to their names, if not chal-
lenged.
X> C. X W^hat you observe is whai bath
been done at the Old Bailey ; there they call
them over first ; and then they call them over
again, and as Uiey appear they are sworn pre-
sently. But by the course of the Court iiere
they are call^l OTer before the Court is silting,
aniTthey mark those that appear. That is not
sufficient; but they are called over figain in
court, and then their apnearunce and non-ap-
peanirice being marked, they do call lliose ever
again that did appear ; and as one appears, if
there is no ohjeetmn to htm, he must be sworn.
Mr. Hungfrford. 1 have observed them to be
called over when nobody is by, in civil casest;
hut in such a case as thta, a case of high-trea-
son, where peremptory challenge is allowed^
it is some guide to the prisoner tn making bis
challenges, to know bclore-hand who du and
who do not appear.
Mr. Keielbey, My lord, with submission, ta
all criminal caises, there is no other method
than calling over the pannet according as it is
transmitted mto court. It is probable several
of the jurors who did not appear at I heir being
called over before the sitting of tlie Court will
now appear ; and therefore what we pray is,
that the whole pannel may be now called over
in the order as it stands, not tmty those who
answered to tbe Hrst call, but those also who
then made default.
Att. Cen. 1 can't imagine what Ihey mean.
X. C X Thin debate arises from not under-
standing one another : You have the direction
fd* tlie Court ; the pan net is to be called ojer«
if any man doth not appear, bis default is
marked and rcc^irded. IVheu aav ane doiU
K
9 GEORGE I.
Trial of Christopher Layer,
cm
I
I
tppear, tod be is ool cballeog^, h« if t(» be
Mr. Ketelhey* T came tbrouf^h the ball jutt
DOWf and there is lucb m crowd that it is alnrMivt
impocsibte for any one to bear wheo Ibey are
FrUoner. My lord, 1 hope they thall be once
called over i^^forc they come to be twcirn ; for
•a to tbeir bem|r culled before, that was before
I came ; it will spend but a little ttine to read
Of er forty or fitly names.
L, C. X Call them over. J would not deny
MY thing that is desired in reaaoo by or on the
prtsoaer'a behalf; consider what yoti are
doiDg; the prisoner hath bad a copy of the
paimei, he hath exumiDed it, and considered
who are proper for bim to challentje peremp-
torily» and be Lath considered who they are
that he may cballeoge with cause.
I eanuot imagine \ it ivos never done in tbia
world i We have asked our officer : They
ought to call over all tlie pannel ; but if they
do not appear^ their default is marked ; if they
do appear, the prisonei' knows whether he likes
them or not*
Therefore, when they come to tlie bar, if
not challenged Uiey must be sworn.
Consider what this demand is : we shall be
An hour calling them over the flrHt time, that it
may appear to the prisoner whether they ap-
pear or not ; then afterwards you are to call
tbem over again, and to have them brouq:ht itp
Again when they come to be sworn. But tf it
ever hath been done, it js fit it should be done
now ; but our officer tells us it never was
done, and why Bhoold you insiHt upon it now ;
you have had all the indulgence the law allows
yon.
Prtiower, I have not had a copy of the
pannel above two days be (ore. Here hath been
in this cause nil the vile practices —
L, C /. You must keep within due and
proper bfioods. You are come now to be tried
for an offence you are charged withal ; but you
•re not to an'aign and challenge every body
^se ; you have no right to do it. If in proper
time it appears you have been ill used, the
Court will do you justice, and [finish tbose
Ibat have been guilty of any misbehaviour.
Serj. Pengetiy, My lord, if they liave any
objection to the jury, they are to challenge
^Ihem peremptorily, wben the jury cx^me to Be
iworu. Then is their liiDe; they are not to
ntprtain the Court with speeches before.
L. C. J* No, it is not pro^^r. — Consider
bow unreasonable it is lor the prisoner
.to arraign Bumebody^s iiiisbebaviour witk-
lint namiog him. But in this method he is
infkiniuiting objections, %rhtcb we cannot era-
J mine whether they are true or false, on purpose
|to captivate |>eople *» and, it ulay be, mialead
bem in tite trial of the cause.
Mr. Ketelbe^^ As I came in, 1 observed that
|sU the avenues to tlie Court are barricadoed
ftp, and only a narrow place lef\ ou the stone
eps, and a guard kept there to keep out wboin
tbey da not tbiuk fit to lei in.
Att* Gen* 1 know nothing of it ; and I daft
say Dobodv will give ^aoy countenance to bin«
dering either jury- men or witnesses ooniiQg
into court, when their Attendance is lequtrM
here.
Mr. KeUlhfy, I bad much ado to get la
myself.
X. C. X There shall be due care taken, ibM
any of the jury that appear, wc will order wmy
to oe made for them.
Mr. Hungcrjord. My lord, I will lake up
but very little of your time in this matter ; J
find 1 was not understood before ; that which I
contend for is, that the pannel be read tlirougd
once in tbe prisoner's preaeucei to see wliat
jurymen appear, before any j ury naiii ti
sworn. Tbe prisoner hath a right to challtig^
thii'ty-five peremptorily, (»r without aasi^;iiaB^
any cause at all Now, my lord, this i« »
favour, an indulgence granted to bim by hitr,
and he is themfore entitled to it iu justice. II
is of great use to the prisoner, in order to eojoj
tbe true benefit of this iodulgence that the law
gives bim, that bf knows who doth and who
doth not appear ; for this reason perbajis^ if
be did know that such an one appears he will
take bim^ and tf he knows that such an one
appears be will challenge him. And if he
know that such an one, who perhaps staoda
low in the pannel, and of whom he has a good
opinion for being an honest tiian, will appear,
he will challenge as many as be can of ttie
preceding |)ersons, iu order to have him, thai
honest man, of his jury. And as tn the time
the reading of the pannel will take us, (though
by the way it might have been over by this
tiTne) I am sure your lordship and the Cimrl
will not regard what proportion of i)m«* vOO
f parp us, to let the prisoner enjoy the beiieffl of
tlie law iu this case, and to have a full n)joy.
ment of the indidgeuce of the act of parliament
in its full latituile, that lie m:ty know and jutjge
(as far as the law liath euabletl him,) u ho is to
pass upon him as Iu his life and death. I l»rg
therefore, my lord, tbiit the whole pannel may
be called over once before the prisoner ia put
to challenge.
Fntoner, My lord, what we humbly move
for is what is every day done at tbe Old-Badey,
that they may be once called over,* All
1 desire is what ia done there, and by tbe
same reason ought to be done here in the tmk^
case where a man's hfe it concerned. I
humbly move it that they may be called of er.
L. C. J. We shall grudge no lime to do tbt
king and you jiutice. It is dangerous to nia|c«
a precedent, an innovation: But if you deair*
it, I do not fiud tbe king's counsel object to Ik
[Call over the Pannel.]
\''ou do not expect all should be brongbl into
courts but only to know if they do appear ?
Mr. Hun^etford and Mr. Kdetbtv. No, ao,
L.CJ, Tfie prisoner hatha solicitor; let
^ See Leach's Hawkins's Plena oftbeCrOiTD,
book 2, c. iO, § 4.
155] for High Treoiom.
tttatkody If* dnwn npofi the stepi, the soli-
cite hm fimeut, anr| tlii^ii liv will hear who do
md wtHi flo i>f*l mfifiear.
Mr. Hungrrford, Wc humbly thank your
ihi» is a real imluli^ence, and w
ttl^ ibiuik your lurdnlMp i\»r it
. if the Cr. calls over the whole paonel.]
To« the nrisoner at the bar, these men^
Mr. iiUihey. If yaor lordship fleaKes to
ay «i the suUciior comes ta, because be
l^milatf to observe wbodld appear, and who
A. D. 1722.
[134
MtaMienr,
L^dteCr
Henenge Norton, Have you
i year freehold and copyhold in
of Essex?
I have no freehold,^ only copyhold.
flea be was set anide.]
Mb \% ilka* [Asked the same questioo^ai
^ntali tb« others who appearfd, before they
veeoiber eballeii^'ed or aw urn.]
^hmmtr. I challenge hiro.
CLfiUCr. MatkFroit.
iViwiier« I chatlenge bim.
C2L tflkt Cr, Thomas Clarke*
Jiissmii. I do not cfaslleD^ birn.
Criir. Tbofnaa Clarke. [Sworn*]
CLtftkeCr. Heory Longbotbain,
FHttmer, I say» i tbink his oaroe is wrong
. Urn Oeun We are not now upon exceptions
iv asia*s|}dliDg^. If his uame is written as he
k SMiUy cftlJed, it is ri^ht.
Fritmer, He says his oame is witb an ^,
ud il IS wrviteo here with an d.-f
JL C J* Doth the copy delivered to you
I with the panneJ f if il doth, as long ae it
t the sanne sound it will do*
Frimnrr, With bumble subniissioo in the
ate of Francia there it was allowed.
Mr* Hunger ford. My lord, it is not the same
vsutid, LoQgbotham and I/>n|(l>othom, and in
Pkaiko«*a ciise the differetice of a letter was
iiawrii to be a good excentiun.
L, C, J- You are by Ia»v to have a copy of
the paoQel delivered to you i if that pannel
tirica from the other, it is a just exception ;
laiif you object aofaiost a jury-roao because
lisiMifie i« not rigbt spelts and that baib the
MBe protitmciation, and be may be called
Wmn^meM ooe mad iometioaes anotlier, it ti
iHUcOOIIffll*
Kr. Ketelbcy. My lord^ as to this objedioii,
V'Uif^r the Longfootbftui ia rt^ht, or the
Ii<H^lii»iP^ wbetber it is with ao a or
ttef
CLmfUkeCr, You mistake, it is Loogbo^
iBoi« «iid not Lnn^bothom.
The last should be an o laalead of
IP m, fjMiehotbam f
LC^ Therefore i
! we will ask the fj^entle-
bow his name is usually pronounced,
• »fc Lw^b'a Hawkins's Fleas of the Crown,
lioki^e. 43, § 19.
i 9m £«ii'i Pl<fl« of the CrowD, cb. 2, | 50.
whether it is not pronounced sometimes Long-
bothoni as well as Lon^Uothain ?
Lon^iothonu Ye$, my li>rd^ it is*
Prii, He tmyn be spclb bis name with an O^
and here it is with an a,
Longboihum. I always spell my natne with
an o, but my k tiers are generally directed to
me with au a*
Mr Hungtrford. He hath a copy of \\m
pannel debveied him by virtue of the act of
narliitineiit ; if the c^»]»y (>e not a true copy, it
14 nut right accordiug to the directioa of
the act.
L, C. X Right
Mr. Uufigerford, Now the pannel which
the pribuner htiili is Kpell with mi a^ and the
pannel of which this is a pretended copy, is^ I
take it, spelt with an o,
Ci. (if the Cr, Nn, they arc both spelt alike*
L, C. J. You know ii, gent)eifieo,asweU aa
can be. Don't let us spend time where th«re
is Aotbing in it ; we will bear what is prosier
fur our coustderatioo,— SupiKise a man is called
and writ someliroes Longoothom, and soiQe^
times Ijougbtrthtin ; anti suppose he was cabled
by either of these names, may he not therefore
be called by one as well as the other ? Is that
an object! ou to say he writ with au o, but
people write to him with an a 1^ There is uo*
thing at all iu it*
Prisoner. Then I challenge him*
CL of the Cr. Isaac Buxtoo.
Fritoncr. I challeugc him.
CI, of the Cr. Kicbiiid Scot.
Frisoner, I ch a 1 1 enge hi m .
Cl. of the Cr, Jubn Wormlaylou.
Prisoner. I challenge him.
CL of the Cr, John Andrews.
Friioner, I don't challenge him*
At I. Gen. 1 challent^e him for ibe king,
Cl, of the Cr. Thomus Waterbouse, Htepheil
Huff, John Thorowgood, Christopbtr Baily*
Cbailengcd by tlie prisoner*
C/^' Me Cr. Isaac Patter. (Sworn.)
CL of the Cr. William Lord*
Friioner* I challenge bim»
CL rfthe Cr, Heeekiab Hay nee. (fSwam.)
CL of the Cr, Ttiomas Hecklordy jun.
Prisoner, I ehallenge him,
CL rftheCr, Rtchard Wajjlett.
PriMoner. 1 don*t challenge him.
Ati. Gen, T challenge him for tlie king.
Mr. Keteibetf. Mr. Attorney is pleased to
challenge him tor the king ;' we bumbly io-
eist on it, that Mr. Attorney is to shew bii
cause of challenge immediately, t own it
has been otherwise in one or two late in-
stance* ; but I submit it, if that practice sliould
prevail, whether the act of pari iu men! made
on tliat occasion would not be in etlVc-t thereby
abrogated, the act is the 33 Edw. I, and the
words of it are : ** If they thai sue for the
king will challenge any* juror, they shall
assign of their challenge a catrse certain, and
the truth of the same shall be iu<|uired of ac-
cording t4> the custom of the Court,** Now,
my k»rd, 1 beg leave to obeerve, upon thta
155]
9 GEORGE L
Trial nfChrutopher Layer^
[136
■ pwinel there are a httadretl and cwld persons ; \ the king or the prisoner challenge liim, they
if Mr. Attorney is not obligfed to shew his mav do it before he lav his hand op the book*
I
I
I
if Mr. Attorney is not obligfed to shew bis
fjauseoPcbaMeuge, when he challenges for the
kiii^i till all the pannel is je^onc through, this
act of (larhament will be of no Talidity what-
•clever* If there bad been but a few returned
(^It or such a nunil>er) then there mlg^bt hav«
iHsensorne colour for gx)iug^ through the panuel
before ibcre was any cause assigned for the
challcofje ; but since this modern practice has
obtained to make so numerous a paunel, if
tbey are not obliged to shew cauie till the
pnnnel is gone through, that law is entirely a
tie ad letter, and of no siguiticancy.
X, C, /. You know your objection is of no
falidiiy ; you cite an act of parliament, and
you know the constaot practice is againnt you.
Just. Eyre. Though the counsel for the
king mustassigo their cause of challenge, yet
they are not obliged to do it till the panuel ii
gone through, and the Jury-men returned^
who are not challenged, are all sworn : this is
m rule laid down in Hale's Pleas of the Crowo,
and has been always the coostant practice in
cases of this kind.
Mr. Hungtrford* What your lordship di-
rect^ ia the last case is certainly precedented ;
but I would propose it as a convenience that
tlie Attorney t*bonld, as he is every %*ays en-
titled, hare the precedence, and might chal*
leuge tirst, and tnen we will determine after
Jiim.
if C. J. No, we must not do that,
C/. o/'(AcCr. John Lowry. (Sworn.)
CL (rfthc Cr. John How. Set aside for want
of freeliold.
CL Qj'ihc Cr, Tbomaa PratL (Sworn.)
CL of the Cr. Richard Rogers*
Prisoner. 1 dtvn*t challenge him.
AU> Gen. J challenge him for the king,
a. of the Cr. Edward Pleraon, Thomia
Bland, William Spiiltimber, Ale.xander Weller,
Thomas lland^ John English, Joseph Unwin,
Ceorge Fry©, Challenged by the prisoner.
CL if the Cr. Weston Stileman,
PrU&Htr, 1 don*t challenge him.
Alt. Gen. I challenge him for the king.
CL of the Cr. John Crush,
PriiOfter, I donH challenge liim«
Ait. Gen. 1 challenge him for the king.
CLoftheCr. Thumas Howlett.
Prisoner. I challenge him.
Serj. Pengelty. I douH know this meiliod of
woceeding: if\he prisoner makes anychal-
lenge, it must be before he comes to the book
io be sworn *, but when he comes to lay his
hand utiou the book, be is too late to chal-
lenge I lien,
Prutoner. Whenever I make a full stop and
doD*t say I challenge, you do.
Att. Gen. My lord, the prisoner is to declare
whether he challenges or not ; afterwards the
kiiig*s counsel are to declare whether they
chiilleop^e for the king, and the juryman is not
to put his hand on the book till then.
X. C. J. He ought uot to put his hand on
Ibe boiik till be is allowtd a jur^ ibed ; that if
may do it before he lay his hand on the boolu
CL qfthe Cr. Joseph Capon*
Prisoner. I don^t challenge him.
Alt* Gen. I challenge him for the king.
Wr. Hunger ford. More have been chal-
lenged for the king, than hath been known i
any public trial in my remembrance.
Ait. Gen. 1 am surprized at this observt
tion, when the king has an undoubted right i
challenging whom he pleases, v^ithout shawL
cause till the panuel is gone through.
L. C. J* It is always done.
CL of the Cr. John Clarke.
Prisoner. I challenge him.
CL tfthe Cr, William Chandler,
for want of freehold.
CL of the Cr. William Burrows.
Prisoner. I challenge him.
CL of the Cr* Francis Aylelt, sen.
CL of the Cr* George Bailey. Johnl
Thomas Ruggle. Challenged by the pr
(The prisoner spoke to the juryman.)
SqL Gen* My lord, it hath Wen intimatedl
the prisoner once already, that he ougbl
propose his questions to the Court.
X. C. J. You are to ask no cjueslions you
self, if you will tell us the question, we '
propose it.
Prisoner, Only lo know how he spelb
name.
C/. of the Cr. William May, Abraham
Challenged by the prisoner.
Mr, llangerjord. My lord, it will be of «
little use to know for certainty how many I
hath challenged \ they differ here in the coa
putalion.
CLofiheCr, He hath challenged 28
remptorily,
CLofthe Cr. Nathaniel Wessley.
Prtwner. I don't challenge him.
Att. Gen. 1 challeDge him for the king.
CL of the Cr, Benjamin Rutland.
Prisoner. My lord, I desire he may hm
asked uhelher he doth not farm somethbg
under the king, or on the forests
L. C. J. U it was of any service to j^ou it
should be done ; but if it is so^ ii m no ob-
jection.
Mr. Kctelbet/. The objection was once made
in the case of sir William Perkins. It was re*
commended to tlie kin^E^s counaeK
X. G. J. I deny it. It was not recomniended
to the king^s counstj], but the king's counsel
did not insist upon it.
Just. Fartescue Aland. The Court in thai
case gave their opinion, that to be a servant to
the kmg is no good cause of challeugc, and
my lord chief justice Holt and Trehy werw
present, and Mr. Attorney- General did not in*
sist on the juryman so cliallenged, but wavea
the matter without any recommendation of
the Court,
Mr, Kctelbet/. I know no other ways, than
if Mr. Auoniey will do it, as it was done in
that case.
Mt* Ofii« 1 know nothing of tba fact.
for High Treason.
X, C X Wlmt do you do, do you cliatJeo^
hm or mo f-^FHumtr, I ctialleoge him.
CL 4>ftke Cr. Afeacaoder Marshall, Thomas
Mkr. CKftlleoffed by the prisoner.
CL mf the Cr. John Blitli<^ande.
^ Mr. Hmm^trf<yrd, My lord, he is searching
* ' m p«|iir » he challetiij^es him for cause.
My lord, what I have to offer, is,
Mr* Milhgraude hath been heard to
be came here, that I ought to be
D«t J apprehend that is good cause
png him^ if 1 make it out,
David Martin called.
Yon thaJl true answer make^ Sec*
Hnn^trford. Do you know Mr. Milti-
r^ — Afcrttn, Yes.
Uuagerfi>rd, >Vhat hate you heard him
\ oocicerning the prisoner at the bar ?
Hvtn. 1 beard him io conversation say,
tell bf^ped he should be banned, for he
kieurf be was g'uilty.
ifr* H^tngtrford. Tbi« objection sure is
tj|^ f Mr. fttdtifrande was not sworn.]
ay i&c Cr, Robert Walker.
ffiimtr* I challenge him.
CLjafike Cr. William Nicholson. (Sworn.)
* * Bly lord, 1 have very near all my
I tbiok they may go on as they are
Mr. Attorney will challenge uo more.
Ait* Gen, You may go on your own way,
1 fWI ifialte oo barga ms wit h y o u .
Mr. Kttftity, We do not offer any bargain,
b«l osW an eiuedient to save the time of ihe
Id. ^lAe Cr. Nicholas Freeman.
J*ri$oner. 1 challenge him.
CLvfihtCr, Christopher Hill. (Sworn.)
Cr. €f the Cr. Stephen Wood.
Prmntr, I thiok I hafe done ftU my
cMlaifM
CL if l4< Cr, You ha?e two more.
Prmmer, Let them lake them then as they
r
Att* Gen, 1 challenge him for the king,
O. of (h€ Cr. RichanI Bridge.
^rimn^r, 1 cballeoge him.
Si set ftjiide by consent, by
CL oftL Cr. Robert Barnartl (Sworn.)
CAW'fArCr. Leonard Beti net.
himmtr, I do not challenge him.
Aii Gtn, 1 cbdlenge him tor Ibe king.
GifflAeCr. WitliamSandford.
fhiuner. My lord, 1 have the same objection
Ute fjcfitlemau as to rhe other; he hath de-
lipid hb opinion t»efore-hanil^ and that he must
mkit a ftacrttice of me,
L, C. X Coll your witness*
Mr. Martin sworn,
*^ "^uthty. Mr, Martin, do you know
^iinduird of Rumford ?
^i Hare you had any|iliscotirse
witli M..I* ^.nM.i the prisiiner at the bar?
M&nm. He iaid» before he was summoned
A. D. Vm.
on the jury, that if be was one of the jury he
would \w; for hanging of him. (Set a^iide.)
Ci, of the Cr, Thomas Waters.
Prisoner, Sir, I apprehend I have challengt
thirty-tire.
CL of' the Cr. Y'ou have one more.
Prisoner, I will challciige no more, let them*
go on.
CL of the Cr, Tbomis Waters, Richard
Gray* (Sworn.)
William Whealley.
Mr. Hungerford, I hope that what I am
going to offer is proper. There is some little
doubt how fu he is gone in his challengea, it ia
said he hath one more, if the Court would in*
dulge 1)5 so far as to let the persons challenged
be called over.
CL of the Cr. It is impossible that we should
mistake.
Mr. Nuttier ford. You say he bath one more?
CLoftheCr, Yes.
CL of the Cr, William Wheatly, (Swora.J
Then the twelve Jurors who were swoni
were couuteil, aud their names were as follow^
viz.
Thomas Clarke, Wm. Nicholson, esq.
Isaac Potter, Christopher Hill,
Hezekiah Haynes, Robert Fiaruard,
John Lowry, Thouias Waters,
Thomas Pratt, Richard Gray,
Francis Ay I ett, William WheatJy.
a, rf the Cr, Cryer, make proclamation.
Cri/er, O Yes I If any one can inform, &c.
CLqftheCr, Christopher Layer, holdup
your hand. Gentlemen of the Jury, look U|»oq
the prisoner, and hearken to bis cause.
He stands indicied by the nanje of Chria-
topher Layer, late of the parish ol 8t. Andrew*!
Holhonn ui the county of IVliddlt^eic, esij. for
that hr» Sec, -Upuo this indittmeiit he h:ith
been lately arraigned, und titereunto hath
pleaded Not Guilty, aud for bin trial htttfi put
litmHetf upon God aud the cuuntry, i«hLch
country you are. Your charge is lu t^mjuire
whether he be guilty c4 thjH high treason, ia
maoner and form an he ^aiids indicted, nr not
guilty. If you find htm purity vuu »hidl
enquire uhat gotnts or chatl^K, lamU nr lene-
ments he had, ai the time uf ihe niiid hii^h*
treiison committed, or at an\ time nuice. If
you iiEid him not guilty, you shall ^riquire whe-
ther he tied lor it. If yon And thu( lit^ did t)y
for it, you shall enquire of his giwKls and
chatteh, as if you hud found him gitilty. If
you find him not guilty, ainl that he did notdj
for it, say so, and no mure, and hear your ert-
denee.
Mr. Wearg. May it please your lordship,
and yoii geoilemei* of ihe jury, this is an in»
dii-tmeut agaiusi the prisooer tor I ii[^ti* treason.
The itiilictmeut sets forth, that he being a stib-
jert of his present maji^sty king George, but
not having the fear of God in his heart, nor coo*
sidering ihe duty of hi»i allegiance, as a fiilse
traitor agaiust his supreme, tine, lawful, and
undoubted lord, co&lh^ib^ vcuWi^ V\^ ^Vgq^mX
M
of his power inteodiug io dian|^«, alter ind
SYibveit llie governtueat of ibis kiugdom, law-
fully at^fl happily established under his
pn^eiit iniijefity, and ta depose and deprife
Dki said iimje&ty of his title, honour, royal
estate atid Kfoveroineut of Ihit kingdom ; and
tp advaoce Io ihe crown and govern ment of this
realm, the person in the life of the late king
James «, pretended to be prince of ^Vales,
and after the decease of the said king James
pretending to be, and taking* upon himself the
atiie and titlt; of kin^; of Mn^laud^ by the uarue
of Jam^ 3, did upon the '25th da)r of August
in the ninth year of his present mnjesty ^8 rcjt^n,
lynd at several other days and titrtes, at Laytoo-
fitone^ in the county of Essex, falsely, nialici^
0U^ly, and traitorously^ compass, imagine* and
mlend to de|)oi(e our said sovereign lord king
George, from his litle, regal state and govern -
ment, sud the aoid king to kill and bring to
utter destrurtion.
The Indictment further sets forth, That be
the said Christopher Layer, to perfect and
bring to effect his treason and traitorous pur-
poses, on the said lj5th day of August, and at
aeveral other days and times, at Layton-8tone
aforesaid, together with di%ers other false
traitors, to the jury unknown, did falsely,
iDaliciously, and traitorously meet, consult,
conspire nnd agree, to move and stir up an in*
■urrectionand rehellion inthiis kingdom, against
our ssid sovereign lord the king.
The Indictment further sets forth. That he
the said Christopher Layer, to perfect and com-
plete his treason and traitoi'ous purposes, on the
siaid 25th of August, at Lay ton 8tone aforesaid,
with force and arms, did falsely, maliciously,
and traitorously publish a certain mshcrous,
teditiot^is, and traitorous writing, containing in
iLstlf, aud purporting to be, an exhortation and
promise of rewards to the subjects of his said
majesty, to persuade and ciccite them to take
up arms and levy war against our said sovereign
kinji: Cie«>rge.
The Indictment further sets forth, That the
aaid Christopher Layer, together with other
false traitors to the jury unknown, to complete
and bring to eflect his traitorous purposes, on
the kaid '25lh day of Auguit, at LBiyton-Stone
aforesaid, with force and arms, did falsely, ma-
liciously, and traitorously meet, consult, con-
spire and agree, to exsilt to the ciovvo and royal
dijgnity of this realm the person in the life of
the late king James 2nd, pretended lo be prince
of Wales, by means of an armed force and
troops of soldiers, fur that purpose to he raised
atui levied^
The Indictment further sets forth, That the
said Christoplier Layer, to perfect his said irea*
son, on the said ^6th day of August, at Lay too-
Stone aforesaid, maliciously and triilorously
did raise, levy and retain several men, to the
jury unknown, to lake up arms and levy war
within this kingdoiu, against our said sovereiga
lord the king*
That the said Chriatopher Layer, to perfect
Ut treaaotiaUie purpowa, od iIm aaid 36th day
Trial of Ckrittopher La^CTf
[440
of August at Lsyton-StoDC aforesaid, together
vi'ifli divers other false traitors, to the jury ua-
known, did falsely, maliciously and traitgrouajy
meet, conspire and agree, to take, seize, impri-
son and detain in custody the sacred person of
our said sovereign lord the king, against the
duty of his allegiance, against the p^ce of the
king, his crown and dignity, and against Iha
forra of the statute in that case made and pro-
videiK To thi» indictment the prisoner bath
pleaded, Mot Guilty.
Serj, PengtUif.^ May it please your lo
ship, and you ^ntlemen of tlie jury*; tbepd
soner at the bsr, Mr. Layer, comes now lo *
tried before you, for a wicked and de
conspiracy a^^inst the person of his inajaftj_
and u gainst hts gov eminent ; and this in favour
of an uttamtcd ond abjured Pretender j a Pre-
tender M'hom the prisoner Itimself has abjured
in words, and ought to have renounced iq hta
heart.
The indictment contains a charge of hic^b
treason against the prisoner at the bar, for
compasNing and intending the deposing iha
kin^, and also his denth and destruction.
The particiibr facts laid to prove this tral*
torous imagination and intent, and which
prisoner put in execuiiun, in order to bring I
effect his trt^asouahle purposes, are tive,
Tiie tirsl is ; thitt the prisoner, with olh
traitors, did consult, conspire and agree to i
a general insurrection and rebellion in this na*
tion against his majesty.
The next ; that he did publish a seditio
and tressonabte declaration, containhig inc'
ments, and promises of reward, whereby to a
cite and stir up his majesty^s subjects to la
up arms, and to levy war against his maje
within this realm.
And f-irther; that he, with other traitor
conspired, cousiutted and agreed by an armed
force, lo ei£ah, and bring the Pretender to hia
majtiiiy's crown, to the throne of these king-
doms, and put him into the possession ^f !&•
government thereof.
That he hath provided, levied, and retained
severul pensons to take up arms, and \m levy
war against his mnjesty within this kiiigdocB|
for the executing these traitorous purpoaea.
The last overt act alleged, and to finish ihii
conspiracy, is, that he, with the other traitors,
consuUed, conspired and agreed to seize upou,
and to imprison the sacrea person of hhi ma'
jesty.
Gentlemen, it ts unne^^euary, when thete
facts are opened to you, to acquaint yoo, thai
an attempt of this nature, if it had auoceede«|,
would have been the subversion of the preseot
happy establish men t, aud the Protestant suc^
cession, so otleu cotitirmed by the consent of
Ihe whole nation, and the only security of your
religious and civil rights anil liberties ; they
would all have been exposed to the arbitrary
^ 8aiif to b« Datura) loa to A, CromwaU.
See Nobl«.
p«««r of « P6p!sb f«eiion» uoder llm tyraknn j
ofii»«FreA0iitl«r.
Gmilttiicn, hariiii^ said this to sUew the nn*
Iveif tite odfcDce; we (who m^ counsel tar
liifl^eftlT) fball priK^eeil to lay lielore youlbe
■irlkttUr tiuknoe itgtiiust llie |>rii$oQer allhe
lar: f»i4tlemrij, we have l»een bo fortunate at
tidjiwier, snti shnll |irodiice beture you, the
f«f} plifi ilself upon ubich these conspiratort
" dt »nd Hhicb was to be put in execu*
A. D. 17«.
[14f
t ib»ll pr4)()uce the plan under tl)e pri-
I band-writtnf^, and $Ucw hiti acting
ret to that plan, and in the €xecii-
ihis plan i* a complete srhcrnt* of
it« ftisiurrectiou, ifUiat may be called
! wbicli tends to utter destruction ; lor
rarf»r«] parts therein contained tiad been
it would bare been a total oveiium-
[ government and consiiiuiioo.
\ yc4i may obserre a regularity going
/t tlt« w bole acheroe.
Tic pUce f>r action^ and the scene whera
Hncttuspincy was first to be put in executiou,
Via n tilt; city of Loudon, anil though in the
fligi imclf I he d»y is not mentioned, yet we
iImU ahew to yun^ by the prisoner^H own
initrmtwa *ad disicovery, the time when it
m !• be executtnl ; it was at the breaking
«p ut the camp of his majesty '« fbrcei iti Hyde
GtfVtl^nieti, the plan contains a disposilloti nl
mcfsl oliifer«, who were appointed to their
fMrtirolar itations, and »ere to be suppheil
Vttii itofii drained to be procured for the cjte
i«f tfiispUn; and, as the conspirators
[ tu ilebiiiich tuirt of the army, these i»ffi>
to be diHposetl at several places, to
vrlbe private men, who, to the number of
at 1K>0 (towards the evening of the day
ii|«oii for execution^ were to go singly
ta «if tlie Cttmp, wilhf»nt their arms, that they
■melit Ri4»fe eauily p»i»$ witltout ohservaiiou,
Md we«« to be cofkcttd together at a place of
Madcjifocta appointed tbem.
Grsdemrn, \i\^\\\ the management of the
rantpifry, and the method ibey had taken to
KfryitiitttAti*' the bope« they had entertained,
4i QtQspMlora concluded, they should have
te nWMIsr nf SOO men ready in one body, to
liciinioasdetl by pro|»Fr officers^ to make the
Im attefnpt, and the hrst stand*
IiiIms place of rendezvdut tltey were to be
imCetl witb tDuaketi ready loaded, and to re*
iaiitl»eir arms, which were to be distributed
tolifai It tittle before the hour of nine; at
ailkii b^ar exactly* they were to m&rcb di-
iMlj to lite Tower of l^todon, (as the plan
papoaea* and as the prisoner agreed and de-
f^K^) w bere tbey might ex|ie<:t to be admittei],
ki die help and aasistancc of their friend, the
tfcctf ttfofi the guard ; and as aoon a.^ they
bii CBit«rrd, tbey were to shut op the Tower-
fttaa, and seize the arms,
Hitir ^oeral waa to make bts statid in par-
^m at the Itoyal Exchange ; at tbe snoe time,
Ilia^avclBd by the plan, aod was consiHted
upon, and agreed by the prisoner himself, tbey
were to attempt to arreat the persona of several
great men ; and although the plan doth nni
name the pen»oDS, yet the prisoner hatb ex-
plaioed it fully, and from bia ovvn mouth w«
shall prove, who the particular persons are^
thus intended to be seized,
A declaration was to be dispersed to exeito
people to come in to the rebels ; the gates of
the city of London were to be shut up, and
cannon brought down against them : they were
then lo set a guard over the Bank \ but in the
ftn»t place, they were to take out money »u<H-
eient to pay their men, such as they hoped
would appear in their intt reist : their several
other parties were to secure the artillery in the
camp, the guns in the Privy Garden, the can-
non and ommunition near the Horse Guards ip
St. James's Fark.
These were the first operations ; hut to fi-
nish this villftinims aod execrable design, at
the time the Tower was sdzcd, and the city in
arms, they were to send a detachment to seiza
the person of his majesty ; and this ibey ex-
pressed in their plan to l>e, for the securing hit
person from the mob> But our king was to bt
delivered to iheir general at the Tower, and to
be put under his custody. 71ius the life of bia
majesty was to be in their power*
After this, there are several other disposition
of officers, and other persons, in order to excite
and carry on the rebel Uun : some were to ap-
pear in Tothill fields, some in Southwark, who
w«?re to give arms lo the Minters ; some at
Greenwich to engage the watermen, and seize
the magd2tne and powder there, and others at
other pfaci^s.
Gentlemen, you will find in this plan a pre-
paration to make an entiri:' coni^uest of the ci-
ties of London and Wcstminsler ; upon which
the conspirators hoped the rest of tht kingdom
H ouM declare lor the Pretender : au^ there it
one particular provision in the plan, ihatastliey
proceeded here, and found success, the general
should immediately dispatch messengers into
the several counties of England, to gire intelli-
gence of their progress, and to persuade those,
who they looked upon to be in tUeir interest, to
declare lor the Pretender, and to rise in their
resjieciive counties with their adherents.
This is the plan upon which tlie conspiracy
is carried on ; and as we shall produce this
plan, which the prisoner hath supplied himself
with, and written with his own hand, we b^
leave to insist upon that, as strong evidenos
against the prisoner, upon the overt acta al*
leged in the indictment, of his consulting and
conspiring to raise a rebellion aod insurrection
in the nation^ and to seize the kiug^H person*
Gentlemen, upon this plan, which the prise*
uer at the bar bad thus furnished himself witb|
you will iind, on the examination of our wit-
nesses, I hat he constantly acted ; he declared
for, and promoted the execution of the princi-
pal parts of it.
Sentleuien, the witnesses we shall call who
were engaged with the prisauec «.i Kb^W, Vt^
n
^
14S] 0 GEORGE L
till (lesi^, are Stf pben Lynch and Blattliew
lunkett ; (which tast had been a serjeant id
lie army) with wrbom the prisoner consulted,
Dd whom he en^n^fed in this desperate at-
tempt ; and we shall call some other witnesses
to eon firm several circumstances iu their evi-
dence*
Mp, Lynch is a person the prisoner might
have reasonable hopes of engaging in this ser-
Tice: he hfid been ionnerly acqiiniiiled wiiU
F i»ne Dr, Murphey, who (1 am instructed) was
" I the rebellion that broke ont in the bepuning
Df his majesty *s reign : Mr. Lynch bavintj
been ahread, and absent for some time* relumed
into Euirland in April last: upon bis return,
I^Dr Murpheyi bis old aoquainlancef meets with
liim, bids him welcome to England^ and teHs
bim that an afl'air was going* on by which be
f mig^bt make his fortune, and advises bim not
' » gi> out of Cni^land : that there was an inten<
on to rise iu favour of the Pretender, whoq^
: called his king', and he would Uke care to
commend Mr. Lynch to a person w bo bad a
great part in tliat afFair,
Mr Lynch having suffered before, and run
A great hazard, was un^ illing imtuedtately to
enter into any engagement, but proposed, that
if be could have sufficient encouragement, and
what he expecte<l as a reward, he should be
rilling to stay. Some time after Dr. Murphey
btroduces Lynch to the prisoner at the bar:
^^he first time they met, I think it was the be-
ginning of June last, they went tu the prisoner's
lodgiug^s, which were (hen at the upper eud of
ChaQcery>lane* and he being about to remove
his g^oods, desired them to go to a tavero, hard
by, the Griffin tavern in Molborn. To this
place the prisoner at tbe bar came, where Dr.
Murphey presented Lynch to 51 r. Layer, as the
gentleman Dr. Murphey had before recom-
mended to him ; Mr. Lqyer received Mr. Lynch
at that time with great civility, and tells him,
that the recommendation he bad received of
Lynch from Dr. Murphey, made him not to
doubt of his integrity and ability, Tiien they
entered upon a consullalion as to tbe carrying
on of this design ; Mr. Ijayer intruduced it with
representing^ un uneasiness iu the nation in ge-
neral, and how fair an opporiuuiiy there was to
bring atiout a revolution : But Mr. Layer telU
bim, that ou« of the first and principal steps
was to seize upon a general, or other great
nan (which you will obierve is one part of Ibe
scheme) and upon Dr. Murphey'srccommea-
datioii of htm as a fit man tor that service, Layer
proposes to Lynch to undertake it. At this
time Lynch acquainted Layer with tbe difti-
cultitfs be bad been in, and that an affair of this
nature would take up some time before it could
hi put in execution, and he could not well eu-
»|[a^ in it without some further encouragement,
*Bna a reward in money* in (uiJer that be might
live easy and well while he Riaid tufre. Upon
that, the prisoner at ttie bar nromiscd bim sup*
plies of money fur his kubsii-itenoe ukI ei-
penoes, what should be ne«e:£sary, besiitts fu-
tttrartwardsf and in parsuaaoe Qf that pro*
Trial of Chriito^her La^er,
[144
mise, Layer hnlb aeveral times ^
Lynch with money. In engage bim iv;
fectually in this di-sign, and to snpjwni
it. , By these assurances Lynch was \*\
upon, and then agreed to enter into tl
spiraey, and to take upon bim tbe pait l
that should lie siguitied If) liim.
Gentlemen, the prisoner did not theo
a full discovery of the person that was U^ be
seizeii ; but they were to meet aguin, ms tiiet
did, about the latter end of June, at thr
tavern : There the prisoner discloseil
witness the particular person who was*le ^ . i
til be first sseizetl. He acquaints the m ui ;,
that the person be (the prisoner) tn'^.'-" ' .::
their fur me r meeting, and whom 1
the wimess should seize, is the get
army, tbe i!arl Cadogan ; and I
fintl out such other persons as hv
U|x»o, for the assisting in, and elfecUng tlwl
terprize; wbereunto Lynch agreed. Lai
then acquainted bim what steps wert5 al
made in the conspiracy, and that ihcy were*
be beaded and commanded by a general,
had wit, and courage aud resolution, and who
were supported by a great many friends, wb»
had lull power aud authority from the l*re>
tender (whom he called king) to act, and who
was inti ufited with a commission as his general^
and whose orders Lynch was to obey.
The prisoner and Lynch bad several other
meetings, some at the Griffin tavern, and ''< '>'^^-
at the prisoner's own house in Old Soatha
buildings, where the prisoner ulwny
couraged Lynch to persist in tbe undertaking^
by assuring bim that al) things went on well,
and that the design was so well laid,
could not probaldy miscarry : That ihey -
be assisted by a great many officers, as soi^n m
any motion was made, and ihat the commoii
soidiers would declare upon ihc first opportu-
nity : and being asked by Lynch, whether
they had no foreign assistance lo depend on ?
The prisoner answered, when we h^m tbe
business, we shall not want relief, if requisite.
At one of these meeiiiigs the prisoner reveaM
to tbe witness, that, upon llie rising, the Tower
would be delivered up lo them, by means of aa
of beer who ivas to he upon the guard tht*i'e no
the day of execution ; and thai the peojde to
the Mint in 8outliwark would come in to ibem i
who, and all others that shoulil repair to ibeir
party, should have arms delivered to them;
And that the whole design should be put in exe«
ciiiion at the breaking up of the camp, which
wouFd be the most proper time for the ^peak*
tug wiiu the soldiers in ihe army.
J Jut at a meeting they had, some time in
Augm«t, attlie Queen's head tavern in Great
Uueen-street, near Lincoln's in n-fields, Lynch^
complaining of tbe delay in putting theiV de-
sign in execution, and repreBeuling tbe danger
ot'it, and withal presiiing to kn^iw his intf^naed
general and cotmnander, the t^risoner gave him
great encouragement, from the good prospect
of their afFsirs, and tbe vigilance of tbe noble*
man at the belm, who would loae no oppor*
m eonrenietit time should offer ;
fTMoml i1 ' ti h« BhoulU lie
' lo i! I in due time,
Lvtii^.j su«unu if-ueive his orders,
iofi ibr execution bii part, and
tffto^ ti|»oti hilt enterprise,
And mcenfiimg^y , ijjmiu the Silh itay of
;»!« Mr. Lnyrf ioTites L)'tH;h to vide out
¥1 nil turn tUe next diiy to take tlie air»
fMiL^f^rii compiled wiUi ; and un the 2Mh !
ml in the oiuruiiiKi Lynch iveot lo the I
'» iHHise, who o|i{toijiieii Lyuih to go
and in Kjjv Wiihi*ut AJdifate.
lliAt 11111 e ihr I lisiioer Ubked the vriluesF,
Ue mounted Willi furniture or (listols ;
errd that he did not, but that i)e had
Imirel IbvvUng^ piert, which the pri-
iLOt might carry ; the prisoner di-
biiii to ijt-t \m piece ready luadeu, he-
ttatbe (I^iyer) shoiitd carry somethiu^ with
li^ ubicli be would not lose i'oi all tlie world.
tpKbMnl ibe pnsoDcr met without Atdgateat
II Mn tuomtf and the pris^otier's servaot car-
mi tbe t^HOt aod they rode loj^tber towards
^tt**^ ^> Essex y which waa the place they
^ R gof ti9 to.
l^|Nm tbe wty tts they firoceeded, Mr. Layer
M ibe witftess, Ibut they were ^oio^ to \he
laaiL of th** lord Noilh aod Grey, where lie
' II to iiiH tonlship as a par*
^ (tiie prisoner's.) W hpn
II*' V tu-mt lo ihe oieeo-Q^oo at Layion-aione,
it tbe entrance upon E]i|niig-ruresi, the pri-
liKrBttltit ftitgfht he bciit to eat something
i|v»« bec^niiie they shouhl he too late for the
bnl North aod Uiex'^a dinner ; and accord'
bf ly Ihey siopt at tUis house to dioe.
GrIiif^m*'ll. yoii will hear from ihe witness
t^l Me, the prisoner and Lynch had
aaatii ! ' atioo, whereio there was a repc-
■od oouiiriiiatiiooof the whole de^tign and
guracT. At this Green man, in yourcoim-
ty, Geotremeo, you will find every principal
^rt iff tlie conspiracy, which \>as to \m e.\e-
raltd, copaiitted upooi and agreed unto by
L tbem liDtii : The iitoe and manner of the in-
kMBKOliiiO, the prepuralioos inakii>^ for it, the
^HaiiMiee lo be provided and expected from
^^^bariuy, from oiaoy in the city of London,
' tii from the generahty of the nation, as was
%ta ma^f^ted ; the sei^fiog the earl of CJado-
pB aa tlie first step, and the surprising the
jwmvr m «hfi mnnn«.r mentioned in the plan,
W^ b« ' 'fioer upon the guard; aud
M tbry ^ <t to coosidpr and approve
llf matt dartn^ aod execrable part f>f the plan^
l« ibeD exprestsly repeated by the pri-
, cte makiog a itroiig detachment to seize
m bis Diajesty'a (lefson.
TIae ^rtftoiier then declared his great Fatis-
fctiboo, in havtngf engafred a per»oii of sucli
WMif««> ' ^ t AH Mr. Ly nebcin the at-
lBB|it'0f earl Cudognn «y aod like*
•iiKB«lt>ra iij' ' ther greMinar), hinted
•I b fb# icb» ; 0 persons were to he
^^ nanl, ttiiil of viMi>..t ma^ imd made up hi^col-
^B iBdiw tt ftmuatkce of ibe olaii » ami then ex«
preafied his wtsliea lO to brtog matters to bear»
that dir. Lynch miifht likewise have the sole
direction in apprehending the per^onti of some
of bis majesty's ministers, the lords Townsheod
and Carteret, his majesty ^sprincifialaecrel a ries
of state, and Mr. VVaJpoIe, first lord commis-
sioner of the treasury.
These iiemons, moat imme<hatel\ intrusted iti
bis majesty's sei-vice, were in the first place
to be seized, in order to facilitate theik^ign^ und
to make it successful , By this mamna ttie con-
spirators were to weakeu his maje$»t\ 'a power
of defending bimiselff when they bad depri veil
him of his general, who was to commaml and
conduct his army ; of his two secretaiiea, who
were to maintain and carry ou Ins iotelligence ;
and of the lirst cotniiMtu<ioner of hiH trcasuryi
who was to lake care lor his supply.
At thi* [dace these things were debated and
coti^ttleral tietwcen them: Mr. Lynch then
ai^'aio couiphiined of (he long delay, and wished
thai the affair might lie eurried on with tnore ex-
pedition : the orisoner thought no time so pro-
per ai( the breaKing npof the camp, when they
mijL;ht he sopplird with soldiers i y^t^ lie ^^ as
willing to hear any proposal Irom Sir. Lyucb,
aud desired Mr. tAnchf ihai if he could thiuk
of any speedier met hod, t»r better scheuie, to let
bim know it : bnt the witness was not capable
to propose any way toorn |»roper« than wbal
bad been agreed upon the loot of the plan, us it
bad been cxplaioed hy the prisoner himself,
arid therefore Mr. Lynch acquiesced therein.
Gentlemen, at that time, ami at the tame
place, the overt aet laid tn the indictment, of
puhlii^hinii^ the ttpnsouable writing, was com«
milted ; which was a declaratiun framed in the
hatid-vM'iting of the prisoner, to he published
iuimediately oo the tirst hreakiug out of I he
conspiracy, to excite Ihe king's subjects to take
up arms, and to enter' tiita a rcbelhon against
him ; and that it might have an inHuence on
the array, where their hopes were (daced, it
took notice, that the king's general was seized,
atid in their custody.
Id this decUratiuD particular rewards are
promised lo the horse and foot in the army ;
different allowances are made ; to every horse-
man aod Serjeant three guineas ; two guineaa
to c\eTy cr>rporal, and one guinea lo every
common soldier : all had promises of encou^
ragement, favour, awl future reward.
Gcmleracn, nfter this was read, the prisoner
pot this declaration up mio his pocket again ;
and afterwards (as he acquainted the witness)
be himself made an alteration therein ; it con-
taining at first a general mtitation to a revolt,
but was not directed in tlie name of any parti-
cular person, therefore the prisoner thongiit fit
afterwards to alt^ tt, (as he infonned Lynch)
and to make it in the name of the Pretender,
as king.
Gentlemen, though their hopes and expecta-
liooif were founded on corrupting and debiiuch-
ing the army ; I mention i^ only, as it was their
cxpcrtatioo and design, without any im^)uta-
tion oti tbt houont at MtViV| ol ^ ^<t\iA<a!WtXfc.
i
i
4
i
147] 9 GEORGE L
of lliearmy : \mi p«rtons who undertake ati tf-
fiiir iit'ttiiH naturei are alvvaya forward to ex-
pect their desrg^os will he successful.
TliiM, ^tnllemeti, which I have metilioned to
you, H'liicb ^ill be more fully M\ti |iiirli€ularly
ffiven iu evidence to you, afjainsl I he prisoner
at the htir, was transacted and committed in
the county of Eseex*.
My lorif J this will lie evidence of most of the
OTerl acts nllpged Jo the inihctfiieot iu the
county of Essex ; hul we shalt confirtn this
evidence by the confession of the priioner,
proved by two witut«4ses, in whose presence he
acknowled^'ed the sereraf facts which will be
char^eil nj»on him in iht^ county of Essex, by
Mie tffitimoriy of Mr. Lynch; nnd shall make
proof of tu her overt acts in the county of Mid-
dlesex : for It was impossible a desijiu «o ex-
tensive Bhauitl he contined to one or two parti-
cular place* within the same county: their
cousuhations must be transferred from place to
pbce» as opporttmitv offered, and as tbey
thought most conducive to the purpose they
were eng^aged in.
But the facts I have mentioned were tran-
sacted, gentlemen^ in your couniy. After the
prisoner anil Mr. Lynch had settled these af-
fairs at the Grf'en-I^lan, they went to the house
of my lord Not I h and liip'y at Epping : they
•laid there all night, and dined there the ne\t
day ; ihe witneas was introduced and presented
10 his lordship by Layer, and was civilly re-
ceived and entertained ; and Ihe prisoner at
the bar, as he and Lynch returueii lion^e^ ask-
ed the witness how he liked his hndsliip, and
assured Mr. Lynch for his encourn^cment,
that be had g-reatly recommended him (Llie
witness) to his lordship.
Tlie prisoner anrt livnch met a second time
at the Lord North and Grey's luiust*, whcvc
Lynch declared he would withdraw himstif^
if things were not put in execution ; to whirli
Layer replied, they would be sooner put in
execution than Lynch imag^ined.
Gentlemen, you may perceive, by this evi
deuce, the prisoner** explanation ot* ihe whole
•cheme^ and his execntitm of it. so far as was
in Ids power ; though, blessed be God, these,
ur any larlher atletnpls of this kind, have not
bitherti) prevuded,
The prisoner proceeds farther ; and the next
wiiiit-ss who will be producwl a^jramst him, is
c»nc who had bei*u it serjeant in the army,
Matthew PInnkett. Plunkett had b«tn for-
merly acquainled with the prisoner, and done
hmi a piece of service ; he was made use of tci
rescue scune goods, when tbey were taken in
execution at the house where Layer lodged,
which was the bqpnning-of their acquaintance:
this, with some othtr recommendations from
persons engaged in thin design, induced the
prisoner at Ihe har to make offers to him, as
yon will hear from the witness.
In June 1722, another person of die same
name, one James Plunkett, was directed by
Mr. Layer to go to this Serjeant Plunkett, and
desire buu to meet Layer at the Italiaii coffee-
Tt ial of Ch ristopher Lawyer ^ f 118
house in Iltissel-court. The witness could net
at that time, at least did not think it proper to
go to the place npjvDinted ; but a day or two
after, Mr. l^yer meets him in Lincoln's- iiiii*
ftdds, and takes him asjde under » g:ite-way
near Turn-stile : L^ayer then told Plunkett, T
would inform him ot a matter that would be i
great advantage and beuebt to him ;
Ifsyer let him into this consptraeVi afl
gaged the witness in it, not only by aisi
and promise of reward, but by actual rewa
and money given hini ; and to induce ami <
encourage I'lunkell the nvore, Layer i
ed him, that there were several
tn'eat estates^ who were resolved to
tliemseKes and the nation from iheca
and slavery that they ibeo eudured ; aind that
they intended to britig about a revolution^ sud
restore tlitir king Ihe Pretender ; Pluokirtt f^
jected, tiiat the Freten<ler was a Papist ;
the prisoner replied, there was no iiffen
between a Papist and a Lutheran kingv i
therefore, that ought to make no im^n
upou Plunkett, to hinder him in joining t
bring in a Papist.
The jtrisoner enquti-ed of Plunkett, wbeth
he had not an acquaintance in the army witl
some ofBcers, and the common soldiers ; aa
then engaged Plunkett to levy what persons I
could into their tiervict.^ ; and when the witnoss
told Lay er he knew twenty or thirty serjeanla
hi the ajniy, pittper persons to be nppli^ i<
the prisoner gave Plunkett directiouK to mak
apphcatinn to them, and to have I hem eort"
ed ; and at tliat meeting the prisoner gave 1
wiluess money for lii^ encouragement ; and 1
they hud several other meelioifs after ibis, i
provide and levy men, the direction and
ploymeni given by l^yer to tlie witness,
to take care to tind out their lodgings, and io
make lists of the mrn, o1' tlietr names, and
plaecH of abode, that tbey might be really upon
notice.
The prisoner not only employed Plunkett to
pro-cure and enrol ah many as he could g«l,
out gave him money for one particular person,
one CbikI, who had"^ served in the army, and
who was recommeaded tu Layer by Plunkett,
as a person that hud been disobliged by bavins^
been turned out of the service ; Layer himself
gave Plunkett half a guinea, for to give to this
person, to engage him iit this conspiracy,
which Plunkett accordingly paid Child: Layer
Ukewise order^^l money at other times ta be
given to Plunkett, and at one time particularly
acquainteii him^ that the prisoner had letil m
guinea with one Jefferies a non-juring parson,
to fjtive to him, who bod given Plunkett but
half Q guinea.
The prisoner at the bar, to encourage Pf un^
kett, acquainted htm witli the persons whom
Layer ex|>ected to join in this conspiracy ; and
asked the witness his opinion of several; the
witness will tetl you the names of the persons^
and what answers be gave ; |>articularly that
Layer asked htm what he thought of the lord
North and Crey far an oiEcer to be at their
149J Jbr High Treason.
hm^l TtmrnUmtm mntwered, i bough he bad
Mi«r Mrred under hini, he looked upon bis
!«»» grcAt man.
Iavct tnfovMil bitn*
nil'
at »evfral tinieSt ^vhen
Uiat things were in a
Migh it wan not yet a
I k in execution : but it
( could uot miscarry ;
111 wastocuDie with a
'tticers ; and that the
been di»oovered to the French am-
fvlio htui given inleUigeuc« (hereof
fcliiBP/eut^, ar «l«e the affair bad btren do no
lilbttkal lime.
lb PlUftkeit was en) ployed, from time to
iai»li» prepare lisu ot\ anil to collect and en-
tiil Al fiersona to g-o on with this desjigo ; and
* rly a niimbtrr of Serjeants, about 25,
from the army, the priiioner
Plunkett to go immediately to those
I umI take care to 6ecnre ttiem.
these traiiorous con^utts and
were in July and August: and
I wilt acquaint you more fully with
di ietamt particulars. 7'here was one encou-
tt^tmatt which the prisoner ga?e to ibis wit-
a«i^ wlilcii he did uot ineotloD ta the other:
lelokll^unkett thera would be an army of
Btlcb to oofDe orer in aid of bis majesty ; hut
lktwibi«aa«hoi]ld see a number of half-pay
afionSt especially those of the name of Filz-
ieiild« •!! Ihe !»idc of bh king (the Preteuder,)
tfcil (bey could uol doubt of success*
Qtnikflieii, under the«e encouragcnaeBtsand
, and with these rewards^ huth these
^ the two witnesses, were engaged hy
' to enter into, and go on with, this
cy : the prisoner met them apart from
tee ta time; tbey concerted and curried on
mek meaaurcs as tbey thought proper to exe*
0«li Uus deaign^ upon the foot of the pkn,
vlycb iMitU been mentioned, and will be pro-
dMBe< to you.
After WIS have produced the scheme, aud
tiewigo examined these two witnesses, wlio
Hill gif e you aa account of the progrrss which
Ike priaoner made in this treason ; we shall
fire ^iiu otlier plain and evident uroof^ which
^jii «lcaaODaliiite the (reasonable mtent of the
prinftVftithe bar, aud his bof»cs of succc^is.
We oliall prtwa that the jirisoupr ha J been
M RocDe, and by bis own cunle^ior^ tliat he
hi aeeii the Pretender^ and bad conferences
W« aholt prove that the prisoner had blank
ywaaiaaory notes, or receipts for money, signed
mih Ibe Freieoder's own hand, by the assumed
to of James Rex, found amougsi Layer^a
laperB, which were remitted to him from
tknief Olid which he has acknowledged were
IMI lifer to htm^ for raising of money to carry
fiftltie caiMie of the Pretend. This is a siroog
i of the trust and credit reposed in him
this conspiracy ; that tbe priaoner
i folly ODtrusted*; the receipts are in
the prisoner bad power to raise
«• thttuiy and to ^l them up witii
A. D. 1725. [130
suth sums, aa he thought proper and necei-
sary.
Centlemen, ou the examination of onr wit»
nesst^ it %vdl appear that Mr. Layer declared
he had e.i£ptrnded great sums ^f money in this
alfuLr^ unA ihal be has made it an excuse, why
he bud not money to supply some demands,
Itecause be bad dijihursed no much.
This iberefore was to be his full power to
ratfe n»oncy towards bringing tbe Pretender to
the throne.
Besides these receipts, he had furnished him-
self with lists of the othcers of the army, m
order Ij know the situation and condition uf the
army, and to cotisider wbat advantage he could
make l>y any of those in the lists : he bad pro-
vided himself with lists of tbe otficers of ilie
Tower, which we apprehend was to render the
design of seizing the Tower, when their friend
the officer was on the guard, more probable aud
bopefiiL
Beijidea this, we have letters which %vi]l be
produced, that passed between sir William
Ellis, an adherent of the Pretend er'ii at Rouie«
aud Mr, Layer, hy the name of Fountaiue, (a
name he went by) encouraging him to go on.
with this design : we have the cypher, and the
explanation of tbe cant words useil iu those
letters. In one letter Ellis says, the best me-
thod of carrying ou the manufactory (which is
the insurrection) is to get good wofknieo, (by
which is meant sohhers) and particularly to
gain some of the ablest of Mrs. Barbara Hmiih^Sy
(hy Mra» Barbara Hmilh is signified tlie army)
and this would be very agreeable to all eon*
cer lied, particularly to Mr. Atkins (which by
their cypher or key is a name for the Pre*
tender.)
And in another letter there is particular men-
tion of Mr.Layer's intended general; y nn will find
In the letter an explanation of him, thus ; thai
be, who the prisoner in his letter called 8irnouSy
and described as a tenant, though his name was
not then found in tbe rental, this writer be-
lieved he should be called 8immes,and says he
is of the Noril*, a grey- haired ancient man, for
whom bis friend has a particular esteem and
value, as a very good tenant. This is tbe de-
scription, and this is the caut that passed be-
txveenlhem; the explanation you will appre<«
licmi, by the cyphers that were found amongst
the priboner^s papers.
Mr. I^yer was not wanting in other prepa-
ratious for thii attempt; for be had provided
arms iu bis own house, mure than be could
have occasion for, as a private subject; he bad
several muskets and other lire-arms; bo hud
forty or fiffy cartridges, loadetl with bullets^
ready iiude up for so many discharges, which
might he delivered out ta the people v%hu should
come in to them : if be bad any use for such a
quantity be will shew upou what occaKton.
The disc4}very of the iacis made hy the wit-
nesses occasioned the apprehending Mr. Layer,
iu whose bouse these arms were tikewifio
seized,
Mx* Layer waa »o cooscious of his owa gtidt#
^
9 GEOnOE L
tbtt sAer lie wta ftppreh^ttdecK he made bis
escape out ortbe cukUhIv of tht ^i' in
wliOfie bouse be ktm pbced ; hr retit
reiruti to wAieraieo tc^ can'y hiiu mj im^^ i^ a
detnonstration of bii guilty iroui tbe coariction
4>f his own cronteience.
GeDlIemen, ibere are some other tnatters
and papers which it will be proiier to offer to
your eonsiderstioD ; and most o( these purti -
culat' factSf which I have nietiiiooed, or the
tno^t material of them, have l»eeu confirmetl by
BIr, Lajer^s own cotifessiai) wbicb he maile
iipoti hts exaniination beforci the lords of the
priry coatieil. And when we Itave laiil before
ymi this e? ident^e, as accordint* in my instnic-
tion« we shall very fully^ I do not doui)t but
Iboiyou will do your duty as hmiest men.
We do not apply to your zeal, as yoo are
Pratestaots and EnL'IbAnDen -, but iipnti tbe
wei|fht of the evidtii^e, we Uiall appeal to your
jitatiee, to ytiur oatlts> and to your conM:ienced,
frbethtr upon the whole prmiftu lie hiid before
yoti| you will Dcii remain Inlly s.ttiisbed, that
the prisoner at the bar is Oiidt;^ of the bii(h-
treaaon whereof be staods iodicted, and ibeu
that you do Eud him so,
Alt. Gen. May it please yowr lordship, and
you gentlemen of the jury , I am counsel on tbe
same side for bis maj^ uier
mt die bar, who itaod« i - -tun,
ill <s(»mpaaKiog; and ima^tiun:^ mi <u aiu m tbe
^og* The preservation of tlie life of tbe kiu^
ti m that great importanct to the »atety and
prosperity of bis subjects, that even imag^ioa-
tioiia and in ten lions (which are but acts of the
lieart) to take it away, manifested by overt-acts,
are an offence of ihe highest nature which the
law takes notice of; but as tmagmatious and
intentioDSof men are secreti and caoooi be di**-
oofered but by their actions, there must be
J*roof of some fact done in order to carry such
intentions into execution, to make the ottc^nderi
enilty of treason : therefore in this indictment
Sve several overt-acts are laid ; the first is^ that
tbe prison cT at tlie bar propose<l, consulted and
agreed with divers p«r8ooB unknown to the
ffrandiory, to raise ail insurrection and rebel-
lion within this kingdom ngaiast bis majesty ;
the second, that be pubJitiiiL'd a traitorooa wnt«
ing, purporting an exhortation, encoura<|ement
and promise ot rewards, to persuade his majes^
tjr's raitlifnl sitbjects to take up arras agaui^t
liim ; the third, that be proiiosctl, roosulied and
agreed lo set the Prelenner on the ib rune by
ormed force ; tbe fourth, that he listed men t%
itiwy war against the king ; and tbe fifth, ihnt
he projiosed, corr nllt^il and agreed u> aeiae and
imprisou hiii tDujr^ii^ •« *(nfTe4i )H"r»on«
Gentlemen of the inry, y*»u will readily
agree with me tbnt noihiug can be more di*ca«l*
fill to a true BrilOn who hath any regard to
liim^'H'or liT« posieriiy, or love to his country,
than the ftitaj con^et^aenccs that inast have
inevitably attendetl such wicke<l designs, h.id
they been carried into execution witit succesrs :
aiippQSd a rebellion had been only raised^ what
Ttial of ChriHopker Lai^^r,
[158
ooald any man bare expeded from a rebellinA
in tbe heart of tbe kingdom, but plooder ani
rapine and murder, a total aosponaion of all cit)
ngIA, and as long as the storm bad oootiiia
a just but terrible apprehensions of aonie '
yet ifitofite to come : This would certaitdy lia
bi'iiR tlie case, though the attempt bhoubl ha
been dtsap^KHnted at last* But nad it beeu i
tend«^d with succefis, bad bU majesly'a
|H3nfon been seized and iiaprisooed, aiHl
tlie Pretender been plact-^d on the thitmi*, w|
a scene ol* misery bad ojiened! A nnid adn
nistralion, governed by tbe law of tbe
under an cxeellf ut prince, and as just and ma
ciful as ever wure the crown, must have gisan'
way to arbitrary power } all your estalts nA
properliei must have been at the will uf a pra*
vokeit and eicaaperated usurper; liWriy mual
have grven way to slaver* -■ ' ■'- • ' t «
ligions lo pupish idoUt/}
th is, h u ui an ly «" '^' t. L i r w j
or bo|)ea 4if r^
caUiuities ba^e u^
of the king's doiutnioiifr| tor sboulfl tbe pr
happy estnbbsbntent in his riiDJL'Sty and
royal family (the chief bulwai^k and support^
tbe I'rotestant interest) be destroyed^ the
tei^tant religion iu gen4?ral must be reduced ^
the lowciit ebb, if tail total ly extinguisiied*
This is the nature of toe crime » and tba
aome of the fatal eonsrouences that ntuat ball
ensued, if the dt^»igus charged upon tbe
soner by the indictment had look eilect.
whether he is guilty ol^ this great oflai
is what you, genllcmea of tbe jary, are
to try.
I^Iy lord, it is my part to open the natural
the evidence that we thai! produce lo prove l'
several overt-acts laid in the imlutmetit ; a
in stutiitfc^ it to your lorilsbip and tbe juryy4
shall tbilow the course of time in w bieb
fticts were done, that tbe case m^iy be
easily aii pre bended, and shall opt^n notbitt^ I
what 1 believe will be clearly ventieii by
I'his prisoner at the bar, tbougti I
to tbe profession of tbe law, and a ]
il, went beyond be.i in the year 17fOt4
tbe cbse of that y«*Hr, according to our i
tbe bcginmofcT of tho yrar 1721, arr
Home, where tbe Prettindt-r then was;
the priH^tm'r was there, be ptocured himself 1
hi introduced lotbe Pri*tetider, and bad two pH-
I ate coiitVrences wiib tiim, in wbicli (but
what nit^tiiodsor representatjon is bostkn
to hiuisi'if) it is plain he obtained thePreten
good opinion ao far, that he thought bim a fit
^M^nrofi in whom a couHdence for carrying oa
any dmgos against bis majesty, and for setting
hini^eif on the thrnne^ might ba aafdy r»»
po^ ; For this purpose a oorrespondeDca \ ~
then settled bet^eeu tho prisoner and
persons of diatinction about the Pre
a cypl'^er of natoes, of perfrons and 1
agreed on, in order to carry this eor
on. Tbe prisoner returned to Engbiiid i
July 1721^ atler which be writ letters to hi
correspondent at Home, and auawera to tbem
m
Jot High Treason*
A. a 172^
[154
(MM ftmm tbnict, whereby it vrill s|>pe;&r, that
f^m^mmrhmd moAeitook b consirleroble part
ilAt^Mtell tlneii earryio^ on u> tiring the
VlMsJir m t mad allboufrh the^ie I tetters are io
ibeMsaad cftot terms, ftnd fictilious Dames,
ym Ijr l^ hmlp of the cypher, aod from the
MMK^C lite letters ihemsetres, it wt'lK easily
understandinfir for what
writ : This cypher and
prove to have been ibunil
r** |Miper8, which were »ei/(Hl
«DfDifiltii»eiit, and your lordship
Ijuty frtll aeCf when they come to be
tithatandiog the oiiscure tertos,
mysterinns eirpresKKit iamrted to
t eye of the reader, when compared
I te emptier they will be ao Intelligible, that
^viIIk a ptaia evidence that a iksii^o was
oo of raising a general rebellion in
ttie Pretender ; for which purposes a
^fm vrritiDe^wai prepared, which weshaJt
iif Idbe ipcrar fordihip and the (fentlemeo of
ilfjary^ that waa likewite fouad among the
p»iau*i papera ; we ahall prove it to he writ
iMkbiaowtt bttiid.
■I PepgeDv opetietl the nattire of
J fully, I shall not trouble your
i&pi witll a re|»etilii»n of what he said ;
■ nCMDea lobe read it will appear tu he
ilitteil Ibr a general ri^inif^ it will prove a
mI 4csigii to seize the Tower » to seize
Mi IB ^Fe«i iUtioD«, to seize the Bank, and
I ai Uak lo seize the person of the king
If, ao4 lo seize his royal highness the
ioi W&lei^ Thiai we apprehend, will be
1 1 MPBttiF evidence of the oTert-ncts laid in the
m, and will confirm the testimonieB of
ikewnoemmn wlitch we shall produce,
Tli*f« are two witnesses we shall call to
I wwrm llic OTert acta kid in the indictment^
mm haV0 already been mentioned to your
I iMMfif Mr. Htephen Lyftch, and terjeant
*" " ' Hitniett. Mr. Lyncli will pn^vethe
I^<irei1-acts laid io the indictment to hove
hm ctttflRMtied by the prisoner in the county
tf SaKk, wliere this inaiiitmtnt was found ; uh
ika «Teft*aeU of the same nature committed
hf him to llic county of Middlesex^ But as it
ii layiapirr la fall directly upon the proof of
tew Mti, without first proving Kome other
tmMhf way of totn>diiction, as how the ac-
^i^itoae<e between IVIr. Lynch and the prisoner
Ii telMT began, and how tlioy came to be so
iiteMa a* to enter into a dehi^n uf Ll>is nature.
Air. I^ikcfti will give your tordshipii and the
jury aa account ; that there had been acquAint'
mm baiwaeii Uiit Mr. Lynch and one Dr.
eigbl or nine yeara ago ; thai they
l4 to join in the rebellion which waV
IbalMiptiatng of his maje?>iy'g reign; alter
1^ waaarer Mr. Lynch wetit beyond aea, aud
\ tUrre aom^ timt* , and arrived in Eog-
I HI April laat ; that theu* acfjuaiutanee con-
1 iheir principles were not altered ;
Mr. L^oob maettu^ Dr. Morphcy, Dr. Mm-
pbay (wbaluttli l>eien mentioned to your lord-
ii Ilia oecaaioa ia Uua &mii ^lui lAwii
nnw to be found, but bad a great acquaintaoee
Willi the prisoner at the bur) told him he had
something advantageous to communicate to
him, and appointed a meeiiogncxt niomin^ at a
coffee-house i n Corn hjl I , w here they accord ingly
met ; and Hurpbey then advised mm not to go
out of England, hecauiiehe had an opportunity
of making his fortune^ telling him there would
be a general rising in favour oi* the Fretcoder
(nhoui he called king) and that it was carried
OQ by gentlemen of note aud credit ; and if he
would accept of I he service, he would recom-
mend him to one greatly concerned in that af-
fair ; Mr. Lynch, after consideration, agreed la
stay, — .4 tier several other meetings hetween
thifl Dr. Murphey and Mr. Lynch » at which
llieir discourse generally turned upon this in*
tended rising: about the beginning of June,
Dr. Murphey introduced Mr. Lynch to the
prisoner, as a person fit to be entrusted in the
lotended enterprize; they went to the Grifiio
tavern in Holbom ; Mr. Layer there expressed
tbe good opinion he had of Mr. Lynch upon
the character he had received of htm from so
good a friend a<i this Dr. Murphey. They soott
entered upon busitiess, aud the pri.soner, aAef
having made a represeutation of the imeosinect
of the nation in general, and of the fair up*
portunity there was to bring about a revolution,
proposed to Mr. L>'ncli to seize some general;
to which the witness agreed, Alkr Ibis they
had several other meetings, at which I he dis*
course turned ujton the same subject of a ge-
neral rising in order to set the Pretender on the
throne, and at one of tliem tbe prisomr de-
clared he intended Lynch Rhuuld ^ei*e the earl
of Cadot^an, and thiu the scheme was In id on a
sound foundation, having a |;reat mau at the
bead of a^airs, who u anted neither wit, courage
nor resolution^ and he would be backed by his
friends. 8evera) r/ther proposKion^ were made
by the prisoner tending to rh*^ same end ; to all
which iMr* Lynch at^reed, and they coni^ulted
how they miffht put lliose things in executiop.
hi July La&t, Mr. Layer wcui itUo the country
for tburieen or iifteen days, and after his reiur'ii
in the beginning of AiigUJ»l, in pursuance of
what they hud cuncertt^d, Mr. Lyueb and he
went to View ihe carl of Cailogau*8 hou]$e, to sea
hi*w pracucahle that design of seizing hun at
his house was, Mr» Lynch thought it feasi-
bte ; hut he grew uneasy at delays, and fre^
qnenlly told the prisoner ihat his cireumslauce»
would not pemiii him to eitniinue here at liig
owu expeucc; theretbre to encourage him lo
stay, and persevere in the design » Mr. Layer
gave him s^evi^ral i»umN uf money.
My lord, uptm the *24ih of Aui^fust last, ifto
prisoner aud Mr. Lynch agreed to nde ou the
next day lo take the air ; on the ^S»h, accord*
ing to appointment, (which brmg^ us now to
the ovtrt-acts in I he county of Krisex) they
rid oullay[ether ; the pi isuner thought it proper
to ride with arms^ alleging that he had thiugn
about him he would not lone for any thing in
ihe world. Upon the road he told Mr. Lyncb
they would ga to luid ^mJk aad Gfey%
155] 9GE0RGEL
with wham the |>Hson«r had the hotioiir to be
well acquduteii^ am) im would present Mr.
Lynch to my lord as bis ymrticolar acquaint-
aure. It tiajipencd to Lie too late to get to lord
North and Grey*s by dmner, ^bereopon they
jiut in at the Greeu-Mati near Epping fore*l,
whichf g^ntlemtn, it at Lay ton -Stone in your
CO uiity . Din ncr not bein^ ready at t h eir com *
ing thither^ they entered into oonversation on
the former topics, and Mr. Lynch di^sirijiij
to give him some m«»ight into the scheme
that was formed, the whole subject matter of
their former coosullati^ns uud dlseonrses were
repeated about seiziiig lord Cadogan, seizing
the ministcit nf Htate, oi gettiof*' part oi^ the
army to declare for them, and for tteizing the
kiufpa person ; and these things were then
Pigr^ed to by tbetn. At this place it ifus^ that
the pii$oner puUed out of his pocktftt and
ebewt^U to Mr. Lynch the traitorous writing
laid in the indictmcDt, which was a declara-
tion to encourage a genei'al rising, writ, as tlie
witness believes, in the prisoner's own bi^d ;
tmd that part whidi contained the promises of
rewanls to be given to the soldiers and other
persons to encounige them to come into their
designs, was read by the witness ; after whiclt
Mr. Layer took his paper away, and put it up
■o his pocket again. My lord, when they had
dined, they went on to lord North and Grey ^3
Louse (whom your lordship will hear men-
tioned by the evidence as tne person thought
on 10 be general in this undertaking) ; tfisy
staid there that night, and dined tliere next
day, and aAer wards they had n second lueetiiig^
At lord North and Grey^a, Your lordvliip and
the jury will be plea&cd to observe, that this
evidence will he a fuU and positive proof by
this witness, that the overt-acts hy publishing
this tnjiilon»us writing, encouragiug persons
to take up arms against his majesty, of the
consultations and agreement to levy war, to
set the Pretender on the throne, and to seize
his majesty** person, were done at the Green-
Mio, in the county of Essex ; and this will
likewise be an evidence, tliat all the overt* acts
laid in the indictment (except publisliing the
traitorous writing) wtre doue in the county of
l^Iiddlesex.
Hy kird, the neitt witness we shall produce
IS Matthew Piuukett, formerly a serjeant in
some regiment; he had been formerly ac-
^uainteil with, and had been serviceable to the
prisoner, and was very well acquainted vv^itU
€06 James IHuokett, which James Plunkett
was a great aoauaiutance of the prisoner's.
This James Plunkett desired the witness, Mat-
thew Plunkett, tu meet th« prisoner 10 July
last ai the Italian codee- bouse in llusset-court,
which the witness could not comply with ; but
the witness met the prisoner the Sunday fol-
lowing in Lincoln's-iDii'fields; they were to>
frether near an hour, the prisontT gave him
AD account of the intended general risiug, and
iLsked the witness it' he knew any old sei3«ants
t^r soldiers who can disci [dine a mob, agreed
With ium iQ procure sudb, mtsniioiied to hiai
Trkd of Ghrisiophet Ln^er^
sereral persons (it to lie at the head of <^
eoterprisee ; and in ord^r to make hiin dili(
he gave him (it that time half a crown ;
money was not only given hiui at thai I
but a promise was made 10 him of turtlti
wards. Ttie t>risoiier having occosi^
in the country » one Jitfiey^t a noii(|i)|
gyman, was sent to IViatihew Pin
Layer (and tins fact iLat I am goitkgi»-4
must not be Imrely c<Hisidered as iiii> aci^
tweeii Jeffreys and Plunkett, hut it will htf^
brought directly borne to the act of Lajrct|
hiiusetf.) JeBreya tuld Plunkett he cmmic,
from the prisoner, and that he waa tmpkiyt4^ \
by him to go to such as the witness wi^ itli# |
were old serjeaots, to get a number of tkcni !•» |
gether to discipline the mob, in oi'der to the f^ ,
neral rising: the next day they met again, ,
and had the like discourse, snd Jedfreys gmtv^
Matthew Plunkett half a guinea; aiid wtntt^
brings tliis home to the prisoner, ta, that b« |
told Plunkett he had \e\\ a guinea with tb«^
nonjuring parfiou to give him, and talked witb:
him on thtf same subiect that Jetfreys had dift*^
courised the witness before. Hut in fact,*^*"
freys did not give Plunkett the guinea, be|
him but half a guinea.
My lord, alier Mr. Layer went out of 1
Piuukett gave him an account what prog
be hsd made in the aH^air. Plunkett told 1
that he bad got several old soldiers that 1
bear a part iu this business: the prisoner!
be must take care to keep a list of their naa
and the places where they lived, that '
might be in a readiness when they shi
have occasion for them. And on Sunday b^ "
the nriiioner was taken up, he told
Plunkett that a great many of his countryi
were turned out of the guards, and askecf fa
if he knew where they lodged; and upoti4
witoeas's answer that he dul not, the pria
direcled him to take a list of their tvames^j
places where they lodged, that he might h«f
them when occasion required. 80 I but in
is Mr. Lynch a positive witness as to th« oa
acUiu Kssex; Mr* Lynch and Mr. Phu
positive as to the overt-sets in Middlesex* \
their testimony confirmed by the sch
under the prisoner's own hand, and
f»apers, which we shall produce, found ainon
lis papers wbii^h will leave no room to do
of the truth of their evidence. Besides,
lord, the |>risoner l^eing seized in Septi
last, we tihtili give an account when he wa
custmly of a messenger, locked up in a
two pair of stairs high, he made ashifttai
hises(;ape, got to the water-sidei and ^
sculler to carry him over the river ; bell
ally got over the river, hut he waa
again iu St. George^s-heids, and brought I
to the messenger, and offered very eoosidersbloi^
sums to the persons who retook him to let hint
go« 1 believe it is hardly to be imagined^ a
person jierlectly innocent would venture to gel
out of a room two story high, and in tli«
manner he did, and offer to give such a reward
to the pcrsQUi who retook him to let htm get
BTJ
«M Smmli
^fir High Treason,
I becimseioiis to hmicelf tbat lie
gical dao^r. There were like-
Ml bis house arms more thim ne*
%r Im ttse, and which he has con-
fo be used if there had been a
HjImI, t» corroborate the tettimoisy of the
mttamm, we aball lav before your lordship
■A Ikt flrmlef»vD ef the jury, the several
^beb were found, i may say, in Mr,
Imlv ; 1 don*t say tfiey were ac-
In liis custody, hut it will eomt^ to
; for he had delirt-re<l them in
Mrs. Ma^>n the witness, whom
ptn&ttc^ with directions that slie
B» pariicolcir care uf tbem ; and ihey
in her custody not looij after the
s commitlcHl to the rustody of u
•be saw every one of them marked
Vr^pmis who aei'^ed them, and marked
laMjinif : there are not only the scheme
■tfiacj^fbers and letters mentioned hefore,
lilite Irft promiBSory notes subscribed by
ivI^hMrn^er t these pronuftsory notes run,
ladUMMiledge Co have received from
ibe aufn of which mm
to repay with an interest for it Bt
iH of per an n , J aivi ej^ E .^
asy Qtaii imagine, if there waff nothing
^la «^ plain tbeofi, that these ooteti were
hmint onthtng? £?ery body must beliefe
iM Ibry were intended to be fnadc use of to
imy wm the conipiracy; but we iihall shew,
\f ^e prisoner's own confe^ion, thnt they
apve aent n'rer to him by sir Williom Ellis, in
«|pr to be mM\e use of slh occasion should
, IB protMMe theve designs in favour of the
Among' these pupeis several Jist*^
lUiii) which will lie prmluced, some of
eeolAtti the nuint»er of the oncers and
tf ibf aoWteta in ihe cfuards, some the names
tf fiber olBoeni and told lers, and some thv
tabo^^tftbe ofiusera belonifing- to tbe Tower.
kttoil be i^wiied, that in some of those Hits,
i«« am Am names of several persons of as
(pm botioiir, loyahy, and tide! ity to bis ma-
JHI|. as any subjects bis majesty bath ; yet
i»ffnmni>^ the^ lists conid be for nothing
lit-lB^cC Hii tofonnation of the uumlier and
^■•Kirr of tbe persons in bis majesty ^s ser-
siit. la knovr tlie strength of his majesty's
f•«^ tbat intelti^nce mic^ht be civen and
itt^s framed accordioifly, and tfmt there
tmglB bm taoiperin^ with such as there could
Aa^tjf bopcs of bnntrin^ o^ev into the Kre-
laAv^ nierest : if Ihe prisoner can put any
iAv eattstnicrtion upon bis havinpf tliese li§ts
into cuitddy, he will have an oppoi tuuity to
^•l» TbcTSC tilings bein^ proved, I apprehend
ItosfngDaina no doubt but tbat the prisoner
will tppanr to be guilty of the crime char^l
c^bin in this indictment : but besides all tois,
wsaball pffive bis confession by two witnesses,
«lMneby be bas confessed every overt- act laid
M^Ckia lodietment, the several transactions that
Mr. I^rynebaud Flunkett wilJ give account of,
«Ji ibciacu that 1 have meuiioned
s
A/D* irn. [158
I before. I shall conolude with this, fifentlemen
of tbe jury, that if we make out these fac
as tbey have been opened* and according"
my instructions, I have no reason to make tfa
least questiim of it, it must be left to your con-*
si deration whether the prisoner at the l>ar ii
Ifuilty of the oflence fur which he stands in^
dictetj or not ; if } ou shall be satislied by iIh
eridence that be is, I do not doubt but you wil
do justice (which is all that is desired of you)^
arid find a ver*lici fur the kini^-
Sol. Gen, If your lonls! tip pleases, we will
now proceeil to examine witnesses ; and wi
desire tliut room may be nvade for I be wil*^^
ne«^es to come into court. Call Mr* Silephen
Lynch.
i. C. J. You must make way there.
Priifwer, Wy lord, I humbly desire before
this witness be swm n, that he may be exauilned
upon a Voyer dire, whether be hath not a
promise ai pardon, or some other reward for
sweariu^ against me?
L. C J. Hir, you cannot ask him that
question.
ftlr. Rungerford. I hope we shall he at
berty, and have a right to enter into an exan
nation of this matter. If a man is rt^presenti
to be in the same circumstances with tbe prw
soner, and the prisoner led into the same cir<^
cnmslances by the person proposed as a wjt-M
ness, and afterwards by him involved ip tht
same oiTence ; if the person therefore prop
us a witness, hath a promifie of pardon or i
reward, upon condition that he would sweat
against the prisoner, he cannot by law be n
fjfood witness ; the person prufHised as a wit*
ness must be a cretlible witness, nmst he
legal witness, must not be convicted of perjor^/^
or any other notorious offence^ a free witttes
that is uot uuder restraint for the offence he
accuses another of j and therefore we hope we
Imve a rif^ht of asking whether he acts under ..
the intluence of any promise of reward, or ih
promise of a pardoi : and the right we have
of examining him to the promise of a rewar'
or pardon, is supported by the authority of mjil
Inrd chief justice Hnle* as reported by KelvuiCe.if
Mr. Kettitey. My lord, 1 would not tate up^
your lordsbip^s time, and submit the weitifb'
at' what Mr. Hungerfortl has offered to your I
consideration; hut we found our ri^btofaak*
imy this i|uestioQ upon my lord chief justice
Hale^s express declaration, set forth at lar^e in
Kely nereis Reports, tol. IB, which 1 Imve here
in my nand. I must likewise beg leave lo ob-
serve tn your lordship, that thts 4]ue8tion was
formerly asked in the trial of Gordon and Dor-
rell to one Adams, that had been in tbe same
conspiracy with those that were hroug'ht to
trial for high treason^ and was then produced as
a witness against them ; the book was then
brought into court, and tlie quotatioa read be-
fore your lordship, and accordiuj^ to my notea
of that trial, which I have here brought with
me for my justiHcation, (I submit to your lord-
ISO)
1>6E0R&E I.
Trial rf CkriHopher Layer f
[440
•f his power ioteoding to chan^, alter and
■nbvert the governmeDt of tbii kingdom, law-
fully aud happily established under his
present rosjesty, and. to depose and deprive
nis said majesty of bis title, honour, royal
estate and j(overninent of this kingdom ; and
tp advance to the crown and government of this
realm, the person in the life of the lato. king
James S, pretended to be prince of Wales,
and after the decease of the said king James
pretending to be, and taking upon himself the
stile and title of king of England, by the name
of James 3, did opon the S6tb day of Au^st
in the ninth year of his present majesty's reign,
and at several other days and times, at Lay ton-
fkone, in the county of Essex, ftlsely, malici-
ously, and traitorously, compass, imagine, and
intend to depose our said sovereign lord king
George, from his title, regal state and govern -
■dent, and the said king to kill and bring to
utter destruction.
The Indictment further sets forth. That he
the said Christopher Layer, to perfect and
bring to effect his treason and trsitorous pur-
poses, on the said S5th day of August, and at
several other day's and times, at Layton-Stone
aforesaid, iogetner with divers other false
traitors, to toe jury unknown, did falsely,
maliciously, and traitorously meet, consult,
conspire end agree, to move and stir up an in-
surrection and rebellion in this kingdom, against
our said sovereign lord the king.
The Indictment further sets forth. That he
the said Christopher Layer, to perfect and com-
plete his treason and traitorous purposes, on the
said 3&th of August, at Lay ton Stone aforesaid,
with force and arms, did falsely, maliciously,
and traitorously publish a certain malicious,
seditious, and traitorous writing, containing in
itself, and purporting to be, an exhortation and
promise of rewards to the subjects of his said
majesty, to persuade and excite them to take
up arms and levy war against our said sovereign
lung George.
The Indictment further sets forth, That the
said Christopher Layer, together with other
faliie traitors to the jury unknown, to complete
and bring to eflfect his traitorous purposes, on
the said S5th day of August, at Layton-Stone
aforesaid, with force and arms, did falsely, ma-
liciously, and traitorously meet, consult, con-
snireand agree, to exalt to the crown and royal
dignity of this realm the |)erson in the life of
the late king James Sod, pretended to be prince
of Wales, by means of an armed force and
troops of soldiersy for that purpose to be raised
and levied.
The Indictment further seta forth, That the
said Christopher Lsyer, to perfect his said trea-
son, on the said 85th day of August, at Lay ton-
Stone aforesaid, maliciously and traitorously
did raise, levy and retain several men, to the
jory unknown, to lake ap arms and levy war
within this kingdomp aganot nor said nvwi '
lord the king.
That the said ChiHlophir Liyar. I9 v
of Auffust at Layton-Stone aforewd, togeftcr
with divers other false traitors, to the jiiry m-.
known, did falwly, maliciously and trailofoalj
meet, conspire and agree, to take, aeise, ifnprt:
son and detain in custody the sacred pmmi of
our said sovereign lord the long, agaipat Iha
duty of his allegiance, against the peace of Ihn
king, his crown and dignity, and againit Ibo
form of the statute in that case made and m^
vided. To this indictment the priaoMr M^
pleaded, Not GuUty.
Seij. PengelfyJ* May it please i
ship, and you gentlemen of the jury*; tho pri-
soner at the bar, Mr. Layer, cornea now Itfilo
tried before you, for a wicked and dcMhilo
conspiracy ag[ainst the person of hh maii^i;
and against his government ; and thin In 6mm
of an attainted and abjured Pretender ; 9 Rui
tender whom the prisoner liimself has ^Vii
in words, and ought to have renounced ui Idt
heart.
The indictment contains a cbam of kU
treason against the prisoner at tho bai^ lie
compassing apd intcndin«; the depoMBg tho
king, and also his death and destruction.
The particular facts laid to provo thin tai*
torous imagination and intent, and which ihc
prisoner put in execution, in order to bii^g ta
effect his treasonable purposes, are Ave. ^
The first is ; that the prisoner, with other
traitors, did consult, conspire and agree to niil
a general insurrection and rebellion in thloM*
tion against his imyesty. 1
The next; that he did publish a le^liliif
and treasonable declaration, containinff iooh^
ments, and promises of reward, whereby tea*
cite and stir up his msjesty's subjects to triM
up arras, sod to levy war against hb uiiyM^
within this realm.
And farther ; that he, with other tnilHIk
conspired, consulted and agreed by an anaad
force, to exalt, and bring the Pretender to Ui
majesty's crown, to the throne of theto kla
dome, and put him into the poMeatiiN
government thereof.
That he hath provided, levied, and
several persons to Uke up srins, and lo Imrf
war agamst his majesty within this kingitoa^
for the executing these traitoroua porpoaeB.
The last overt act alleged, and to finish ddf
conspiracy, is, that he, with the other trailpi%
consulted, conspired and amed to seioo upB%
and to imprison the sacred person of hb nM
sz
jesty.
Gentlemen, it is unneoeasary, when
facts are opened to yon, to acquaint you, fkd [
an attempt of this nature, if it nad auooaodiit
would have been the subversion of the pffMift j
happy esUbliibment, and the ProtealaBt M^Jj
cession, so often confirmed by the canowr
tho wholo nation, and tho ooly
roligioaa and civil
wonldaUr
161} for High TtiUim.
m miamfml. For tbese reasons, as well as
A.D. 1722.
[162
ol" tlie authority they produce,
v» ^prcbciul there ia no force in |be objec-
ftfen - Mj lord, I know not whe-
lks ii t l>e laying too great a weight
the. ut^cciioD, for so many uf the king's
lel to answer it ; for oiy part I tliink it
%t, Hmn^erfbrd. J tirg:e it thfia far : what*
is produced in a conrt of justice
f be inii'at appear to he utterly un*
I point of iutei est in the coosefpience
If a man produced as an evidence
tlie dflit upon the defeodaiit, shull,
aw exmriiiucd upon a *■ royer dire/ dis-
ithat oe 19 to hare a part of the money re>
I, ia oQrt such a [tersou flisahl^d from he-
\ W(ti»ess at all ? /\ud is not a |irosnise of
I to the wttfiesa, in ca^e he con r lets the
, A greater bias ttiau the witnesses huv-
■f fart of the money recovered ? lu a civ it
OJiellie t[t>e^tion ia not, whether the witnes>f
kfeHfli^ to «i«rear a truth or iulshood ? but
' lite %%^itfi€i»s doth not appear to be so
fcrqawtted io iotereM, thit he ou^bt nut to
WtXAnteed at all f And therefore 1 humhiy
intttftiat %re oai^ht to hare an account^ whc-
fbrltie ^itQCM, Lynch, halh the promise uf a
nitkni, or aoy reward tor tliiit which he is to
ll Itre, %iz. for the evidence ke is to give
a|ttMt the i^ri^oner? As to the consequence of
tmk^ ' \ it is luditTei-ent to trie whe-
tWf It lole hiin from being a witness
liifilttieiy, ar go to bis credit only ; for it it
' 1 come out tliat he huth such a promiae,
i 00 jury or man livinff will bclie?e
I that is much the t>ame as if ho were
^Irmiaeeil ; thoag;h il seems more aj^^eeable
IP tJtt; praitice to eivil cases, that he should
Bot tx: ' ' t asawitoesft at all,
lir 7. Mr, 8<dn'itor mistakes the
watA% tyi ^i<^ 'Hiuk as [ reat! them ; he is pleas-
•d to understand them as if aU the rest of the
pAgtm differed in opinion from my lord chitf
ftvan Hair i but the book iloes not say ao, it is
mkf that aume of the other judges were of opi-
nutt tlmt it did not dis;^ble him, but all agreed
tl^ it went CO his credit, and that was all I
tia4 to lb« book ; and 1 would not have offered
ilalliemise than as it was truly there, upoo
mj eom«lcratioQ wliat«ioever; hut whether
im qooCtoti be asked at first or last, so as we
kM«an answer to it, 1 am contented,
L C J. Yoii aee the most you can make
ifil tMf that it is au objection tt» his credit ; and
lift Qocs t'« hiH creilit, must he not be sworn,
bt* credit lelt ta the jury P Lie must be
1 ns a te^al witness ; but if this man,
#.TTi^i tinon and promtse of a p.irdoti,
svtearthat which is not true,
'1 asL him to tliat, he h not
to answer it* Nobody ia in discredit
rlf, but always to be taken to l>e innocent
M tt «p>|tmr» other wi:ie. It i« expressed that
Ih liaa m promise oi pardon : what to do ? To
»€ etidrncr. Gifa tvidebcr! Whv should
he notr Ts be oc^t obliged to itP Suf>pose ha
gires evidence ac€ordiiiO[ to thetiuth, lie would
be entitled as much to bis pardon, osif be gava
evidence of that which is not true* The moat
you can Bay, isi, he has a promise of pardon if
he gives evidence ; and can ymi conclude from
thence that he can give no evidence except a
false evidence? If they who a«>k the question
insinuate any thin^ like that, it ought not to
have an answer : but if he hath a promise of
pardon if he eives a true evideacCi it is no ob*-
jection to bis being a witness, or to bis credit,
Prhtmer, My loni, I huuibl}'^ hope our ob-
jections will thus far prevail, and that we shall
come at the fact.
X, C. /. When Ire is sworn yoa shall ask
him what questions you please.
Just. Eyre. The objection which jnves oc-
casion to insist up^>n this question, arises from
the influence which tlie hoptsof pardon may
possibly have upi»n th« witness ; and ifttiis b«
a reusou for fiettingr aside a witness as incajia-
bte^ no accomplice nho discovers a conspiracy
can ever be allowed to prove it ujjon oatli ; for
] believe, no man ever yet made a discovery
but M'ith the hopes of pardon ; and a goveru-
meut is obliged in honour to {>raut it, whera
the ctinfessiou apjiears to be ingenuous and Bio-
cere; and therefore if the hope or prospect of
pardon, which is all that can be inferred from a
promise, should be an objection to the com|)a«
tCQcy of a wituesSj no government would ba
safe ; Ibr treasonable conspiracies might ba
formed and carried on with impunity^ when the
persons concerned, from whom alone a full dis-
covtry can be had, are utterly incapable of
proving the fact, though \\iey give all possible
marks of their sincerity and truth. They have
therefore been alwavs Vllowed tu be witnessea ;
and 1 do net remember that ever any objection
was made to their competency, till the case of
the king and tinrdon, when the counsil fur the
prisoner woald have asked the same qufstioo
which is now proposed^ hut the Coutt did not
think it proper before the witness was aworu ;
for no person produced as a witness can he exa-
mined to any matter which only alTects hit
creditf and is no objection to his competency,
till alter he is sworn to give evidencCi and bat
beeo examined.
Just. Poajyjr, Mr. Hungerford would do well
to remember the several acts of parliament
made to give encouragement, by a reward of
4Q/. for the apprehending and convicting uf
every false coiner, highwayman and bouse-
bre^iker; and if a cruuinariu those ofiencea
shall come io, and discover and convict two of
his accoinphces, he shall lie entttleil to a par-
rlon ; and by the express words of ttie 6t[i of
queen Anne^ (»hult have the reward of 40/. for
each houwbreaker, and shall also himseJf bo
entitled to & pardon ; so th»t the i>atliament
thoiirrhi it pi'opcr to give even money as we I
ns :i4)Mrdon to such discoverer. Yel, ever since
the making of those acts, the jier^ms sn pn»-
mised and encouraged, have upon those trials
been admitted as good witnesses tneu betore a
M
1
I
I
1
143] 9 GEORGE I.
this design, are Stephen Lynch and Matthew
Plunkett ; (which last had been a aeijeant in
the army) with whom the prisoner consulted,
and whom he eng^aced in this desperate at-
tempt ; and we shalfcall some other witnesses
to confirm several circumstances in their evi*
deuce.
Mr. Lynch is a |ierson the prisoner mig^ht
have reasonable hopes of eng^aging^ in this ser-
Tiee: he had been formerly acquainted with
one Dr. Murphev, who (I am instructed) was
in the rebellion that broke out in the begfinning
of his majesty's reign : Mr. Lynch having
been abroad, and absent for sometime, returned
into England in April last : upon his return,
Dr. Murphey, his old acquaintance, meets with
him, bids him welcome to England, and tells
him that an affair «»as going on by which he
might make his fortune, and advises him not
to go out of England : that there was an inten-
tion to rise in favour of the Pretender, whoip
lie called his king, and he would take care to
fecommend Mr. Lynch to a person who had a
great part in that affair.
Mr. Lynch having suffered liefore, and run
a great hazani, was unwilling immediately to
enter into any engagement, but proposed, that
if he could have sufficient encouragement, and
what he expectetl as a reward, he should be
willing to stay. Some time after Dr. Murphey
introduces Lynch to the orisoner at the hart
The first time they met, I think it was the be-
S'nning of June last, they went to the prisoner's
dgings, which were then at the upper end of
Chancery-lane; and he being about to remove
his goods, desired them to go to a tavern, hard
by, the Griffin tavern in Hollram. To this
place the prisoner at the bar came, where Dr.
Murphey presented Lynch to Mr. Layer, as the
gentleman Dr. Murphey had before recom-
mended to him ; Mr. L^yer received Mr. Lynch
at that time with great civility, and tells him,
that the recommendation he bad received of
Lynch from Dr. Murphey, made him not to
doubt of his integrity and ability. Then they
entered upon a consultation as to the carrying
on of this desigpn ; Mr. Layer introduced it with
represeuting an uneasiness in the nation in ge-
neral, and liow fair an opportunity there was to
bring about a revolution : But In r. Layer tell<j
him, that one of the first and principal steps
was to seize upon a general, or other great
man (which you will observe is one part of the
■cheme) and upon Dr. Murphey's recommen-
dation of him as a fit man for that service, Layer
proposes to Lynch to undertake it. At this
time Lynch acquainted Layer with the diffi-
culties he had been in, and that an aflair of this
nature would take up some time before it could
be put in execution, and he could not well en-
gage in it without some farther encouragement,
and a reward in money, in order that he might
live easy and well while he staki here. Upon
that, the prisoner at the bar promised hiia sup-
plies of monev for bis suoaisteBoe and ex-
pences, what anonld be neaeanry, besidei fu-
tura fawardaf and id piiMaaoa af that pco-
Trial of Chriitof^ier Layer ^
mise, Layer hath seyeral times !
Lynch with money, to engage him r
fectually in this design, and to support
it. , By these assurances Lynch was p
upon, and then agreed to enter into t
spiracy, and to take upon him the part
that should be signified to him.
Gentlemen, the prisoner did not tli<
a full discovery of the person that wi
seized ; bnt they were to meet again,
did, alM>ut the latter end of June, at tl
tavern: There the prisoner disclosec
witness the particular person who was d
to be first seized. He acquaints the
that the person he (the prisoner) inte
their former meeting, and whom he c
the witness should seize, is the genera
array, the earl Cadogan ; and liynci
find out such other persons as he co
upon, for the assisting in, and effecting
terprize; whereunto Lynch agreed,
then acquainted him what steps were
made in the conspiracy, and that .they
be headed and commanded by a genei
had wit, and courage and resolution, a
were supported by a great many frien
had full power and authority from t
tender (whom he called king) to act, i
was intrusted with a commission as his
and whose orders Lynch was to obey.
The prisoner and Lynch had sever
meetings, some at the Griffin tavern, an
at the prisoner's own house in Old South
buildings, where the prisoner alwi
couragcd Lynch to persist in the undo
by assuring him that all things went \
and that the design was so well laid
could not probably miscarry : That the;
be assisted by a great many officers, as
any motion was made, and that the <
soldiers would declare upon the first <
nity : and being asked by Lynch,
they had no foreign assistance to dep
The prisoner answered, when we bt
business, we shall not want relief, if r
At one of these meetings the prisoner
to the witocss, that, upon the rising, th<
would be delivered up to them, by meai
officer who was to be upon the giianl i
the day of execution ; aud that the p
the Mint in Southwark would come in tt
who, aud all others that shouM rc|»air
party, should have anns delivered to
tod that the whole design should be pu
cution at the breaking up of the camp
would be the most pro|)er time for the
inv wita the soldiers in the army.
liut at a meeting they had, some
August, at the Queen's- head tavern i
Uueeu-street, near Lincoln's -ino-fidlda,
complaining of the delay in pultiD^ fj
sij^n in execution, and rppraafming
of it, and withal prenng IB V-^
general and c
great CM
of dMiri
\ % ccmw^meni tim« should afHer ; i
I iIht uifiti«»i^ thiit he shuuld be I
■MMlnl to thin liglile |N;r»(tti la due time, '
kiB «ii0iB L V r>'^^ **t'*^iU| receive liis onletP*
udog- ills part, aiul
UtKlCl L
'ie 24th tlay of
iich Co ri<le out
, to take tlie a^r«
luid oil the '4!<t>th
^ iicli went lo the
'\ I*yocli to go
he wituetii,
or piiftols ;
:it lie h«d
t^dUs hsurel iLr mii>^ |ur<A, uiicli iho |>ri-
■■0^9 frrrBOi tntglit carry ; tht* prisoner <li-
U* mi
. . i.i
, be-
witli
^MO^ ami titry rente li»|tftlb*T tti wards
in EfscJi, \^kzch waa ttie phtee tliey
111.
wny s« they pruceeded, Mr. Layer
i«iii»«*«M, ihtil tUey «♦'(>■ rft^»ti|if li> the
•I* thf lord N*uth uh«i (.ifs, where lie
i|t as ii pur-
) VVhcu
n tjaVUHi-tloiic,
., furest, the |»n-
k— ,» .. .. .^1 ij f^at fciimethihi^f
Vb*:. IivC44*^' ' ill be too lute for the
Wi ?*"(,- th ami huiii r t nr>d ttccurd*
•19(91 »l tl
ii«ii, 5tiu . the iritnes*
lia* tl ikm |il»r», liif |in>r,rH r uud Lynch had
<»jlku c^tefcuJtJitjfm, tthtrLtntl»€fe Wflsare|ie-
*« Mid cmifi ' the w hole »l*'ftig^n and
^' '^ man, in yiiur coun-
i every prind|«il
I wj|» to }ie c\c-
' 'I unto by
ai the ill*
^ Ml- j)r» junii[i«mN iisjtr: i rr for jt, the
l» br prufUkd mid o\i>ei:lcd from
|, fnim " ■••- '- •'' ' • ui London^
^ .,iiJ of Cadd-
ie tint *i r" jjurprifiin^ the
j*lli« nisnu« ifMl in tlie plin^
•f tlm ti&oer u}«uii ttid
^ froQHrdMi to ronxiri* > ; jirove
4irHjy ind «xeftmbie pwt H ihe plan,
'' ^ktn »\|ffM*ly repeated by tlie pri-
^ i I M^ dctacbtoeat lo «dice
nwji iienlaMd Itia r
CDgvgcd & |>er>
^ 11% BIr, Lytidj, in ruf Lt^
I'MHCa^^pmi and |:k<
- 1 ,U»ti "-
pressed his wi«heii »o to hrin^ matten* lo beai>
thalftlr. L>nr' tt" -' r 'Irr--- ♦: ■ *hr ^ole
direction in ;< ne
r»f ♦.' 'I-^^- .;ilt|
aii«: :ic8
of ^La- , — ■.: -.,-•- \.:..^ .-, ['.^.!'-^J ■L-u:Lilia-
i»ii>ner ot the treafioi'y.
These }ter«onst moat immediate I \ intrusted in
his mnjesty'a service, wtte in the finit pltoc«
to be sci/ed, iii order lo fueilitale lhedrsi|2riJ, and
to tnake tl fuccerafuL liy this mean^ the etm*
ii|iirAr<ir-* were to iveakeii iuu maje>^tv*« [K)iver
of ddending himself, Hhen they hatf deprived
iiim of his g'eni'ra), nho was lo commaJid and
Ci»i ' *»*niy ; of his two secretaries, who
U( iiiiin and carry on hiii iDtelUgeiice i
ami Mi utt litsi cotun)i!^sioner of his Ireasitryy
who wus lo take care for his supply.
At thi^ pNce these things were debated and
cofiMthred beiwven them: Mr. Lynch tbea
p lut I Htnpiiijut^il ot the lung delsyf nnd%vished
;iff air mif^ht lie curried on with more ex-
1 : the prisoner thought no ttitie so iitti*
jier a»j the hreakiiiif up of the camp, when tWy
rni;;ht he supplied wtih soldiers; v«h hcuaa
willioir to heitr any proposal troro Sir. f^yoch,
Mud dmred Mn ijynch^ thtit if he could think
of any speedier mcihodf or t>v*tter sclifine, lolet
iiim know it : hnt the wiltit^ss was not capable
to propose any wny nioie proper^ than what
htid been a^reeit upon the tool of the plan, as il
had bt'en explained by the prtsooer himtiellf
and therefore IVIr. Lyiteh ivcfjuieiced therein,
(lentlenien, at that time^ and at the same
l^ditcr, the overt act laid in the iudicfmc nt, of
fjublishinjf the ti>*asonable writin«;, was coio-
loilted ; which Han a dechi^ton framed in the
ha(uf\^ntiti|f of the prijionery to b« published
luiraethately on the first breaking out of the
conspiracy, to excite the king*s>*nbjt«tsto take
up arms, and to rnter into a rebelhon agnififit
hini; and that it mi|i;ht have an inf!uenee oil
the army, where their Im>p« were ptaci*d« it
took noUce, that thf* kiu^s getieral was sti£«d|
and in their custody.
Iq this deciaratioii particular rewards are
promined to llie horte and foot iu the army ;
different alio waDcea •re made ; to e%t'ry horse-
man and Serjeant three f^uineaii ; two g-uineiui
to every coriiorah and one njuinea to rvcry
comtttuo m»kher : all had promises of etiooti*
tmjpMlillli^vour, ami future reward.
Geotlrmco. nOcr this wa*« reitd, the prifiOQer
put this n up into Win jmcket a^^n ;
and ait> < he acfpininted the witness)
he hiniseh in»il#» atx ahcmtion iherifia ; it «mi-
liunn^at lir%i a ^fufrn\ inviifitsoti to a revolt*
hutwaanol<' of any narli-
cularperscm. ^ thoiiifht til
aAerwardsio alter U, (ua he iiitormed L}rnch)
iktvii to make it ill the aatue of the t*reie»Kler,
aL% king.
t.'r riileroen, thoujg'h tb«r twptt audi ^xftretm-
were fouodeil On eorru|!^ctg' and drbkucb-
the unny ; I meali«in ii only, as it was their
tinti and de«gti, without any iitspuia-
hoaoar or fidelity of the ^ntkiiitii
4
4
147] 9 GEORGE I.
of the army : but peraons who undertake an af-
fair of this nature, are always fbrward to ex-
pect their desigrns will he auccenful.
This, (gentlemen, which I have mentioned to
you, which will be more fully and particularly
given in evidence to you, ap^ainst tlie prisoner
at the bar, was transacted and committed in
the county of Essex.
My lord, this will be evidence of most of the
overt acts alleged in the indictment in the
county of Essex; but we sliall confirm this
evidence by the confession of the prisoner,
proved by two witnesses, in whose presence he
acknowledged the several facta which will be
charged upon him in the county of Essex, by
the testimony of Mr. Ljrnch ; and shall make
proof of other overt acts m the county of Mkl-
dlesex: for it was impossible a design so ex-
tensive should be confined to one or two parti-
cular places within the same county: their
consultations must be transferred from place to
place, as opportunity offered, and as they
thought most conducive to the purpose they
were engageil in.
But the facts I have mentioned were tran-
sacted, gentlemen, in your county. After the
Jirisoner and Mr. Lynch had settled these af-
airs at the Orren-Man, they went to the boose
of my lord North and (jrey at Eppinff : they
■taid there all night, and dined there the next
day ; the witness was introduced and presented
to his lordship by Layer, and was civilly re*
ceived and entertained; and the prisoner at
the bar, as he and Lynch returned tiome, ask-
ed the witness how he liked his lordship, and
assured Mr. Lynch for his encouragement,
that be had greatly recommendeA him (the
witness) to his lordship.
The prisoner and Lynch met a second time
at the Lord North and Grey's house, where
Lynch declared he would withdraw himself,
if things were not put in execntion ; to which
Layer replied, they would be sooner put in
execution than Lynch imagined.
Gentlemen, you may perceive, by this evi
deuce, the prisoner's e'xplanation or the whole
acheme, and his execution of it, so far as was
in his power ; though, blessed be God, these,
or any farther attempts of this kind, have not
hitlierto prevailed.
The prisoner proceeds farther ; and the next
witness who will be produced against him, is
one who had been a serieant in the army,
Matthew Plonkett. Plnnkett had been for-
Oierly acquainted with the prisoner, and doue
him a piece of serrice ; he was made use of to
fescue some eoods, when they were taken in
execution at Uie house where Layer lodged,
which was the beginning of their acquaintance:
this, with some other recommendations from
persons engaged in this design, induced the
prisoner at the bar to make oficrs to bim, as
you will bear from the witness.
In June 1722, another person of the same
name, one James Plonkett, was directed by
Mr. Laj^er to go to this seijeant Plunkett, and
dmn him to meet Layer ftt tha Italian eoAie-
Trial ofChridopher Layer ^
[148
house in Rnssd-eonrt The witntas eould not
at that time, at least did not think it proper to
gfo to the place appointed ; but a day or two
after, Mr. Layer meets him in Lincoln's- inn-
fields, and takes him aside under s gate-way
near Torn-stile : Layer then told Plunkett, he
vrould inform him of a matter that would be of
Ciat advantage and benefit to bim ; thero
yerlet him into this conspiracy, and en-
gaged the witness in it, not only by aasaranea
and promise of reward, but by actual reward
and money given him ; and to induce and to
encourage Plunkett the more. Layer acquaint-
ed him, that there were several peraons of
great estates, who were resolved to rescue
themselves and the nation from the calamilici
and slavery tliat they then endured; and that
they intencJed to bnng about a revolution, and
restore their king the Pretender ; Plunkett ob-
jected, that the Pretender was a Papbt ; bot
the prisoner replied, there was no diflference
between a Papist and a Lutheran king, and
therefore, that ought to make no impression
upon Plunkett, to hinder him in joming to
bring in a Papist.
The prisoner enquired of Plonkett, whether
he had not an aconaintanoe in the army witli
some officers, and the common aoMiera ; and
then engaged Plunkett to levy what peraons be
could into their service ; and when tne witnsi
told Layer he knew twenty or thirty serJMots
in the army, proper persons to be applied to,
the priaoner gave Plnnkett directions to nake
apfihcation to them, and to have them enroll-
ed ; and at that meeting the prisoner gave the
witness money for his encouragement ; and as
they had several other meetings after thif, to
provide and levy men, the direction and em-
ployment given oy Layer to the witness, was,
to take care to find out their lodgings, and to
make lists of the men, of their names, and
places of abode, that they might be ready upon
notice.
The prisoner not only emptoyed Plunkett to
procure and enrol as many as he could get,
oot gave him money for one particular person,
one ChiM, who had served m the army, and
who waa recommended to Laver bv Plunkett,
as a person that had been diaobliged by having
been turned out of the service ; Layer himaclf
gave Plunkett half a guinea, for to give to this
person, to engage bim in thia conspiracy,
which Plunkett accordingly paid Child : Layer
likewise ordered money at other timea to be
given to Plunkett, and at one time particniarly
acquainted him, that the prisoner had left a
gumea with one Jefieries a non-juring parMn,
to fjive to him, who had given Plonkett bat
halt a guinea.
The prisoner at the bar, to eoconnige P1ud«
kett, acquainted him with the perMns wbeiH
Layer expected to join in this oonspincy ; and .
asked the witnesa hb opinkm of aeveval ; the
witness will tell yon the nanaa of the ponaaef
and what answers he gave ; pnctiealulyithaft
Layer asked him what betboaghtor.tbiliiid
North and Orej for aa.aao«.t».MaMW^
fof Nigh Treasan.
%mAl Thmm^kJUtm tntwered, though h« h»d
Mrred amler himt he luoked u(>oq \m
1 DMeliiifl^s at s<;veral times^ nhea
VMnl bitii, ih&i thiii^ were in m
f-f«rw«tti5«if, though It wiij* nut yet a
!*• i^iii ilictr «J(»ign III ex^^ulioti : but it
\%eW. thnt it could iitit miiCarry ;
. tbc r 'Mooud wjts lo cume waU a
Eiih.^< antj (iHfte^rv ; an«i that the
■ Ibad h«firt» liifecovercd to the French aiii-
%vUo haii (riven iaidligeuoe thereuf
Mjesiy, vr d«e the atfair h«<i Uteea done
\ IHunkett wft« emp1(»ved, fmm time to
» |X«(»*ce hft« of, auu to collect anil eti*
penoos to go on with this deiiigD ; and
ijp tt number of aetrjeanis, about 35«
(rom the ftrmy, the |>ri^>nt!r
Plankett to go imme«hately tti ihoti^
] take core to secMire them.
iraitorouB cx-msults aod
were in July and August : aod
irill acquaiot you more j'ully with
I ponicuiar«. There vraa one encou*
{ f*hich the prisoner guve to this wit-
wrn^ itiiicli he did not tuention to itie other :
Itftiilil Flnsketi there would be an army of
INiek to come over in aid of his majesty \ but
\ ahouUI aee a Dumber of half- nay
, «if»ociftlly tbofte of the name of Fitz*
m ike sjJe of hiii king (the Pretender,)
bH llMir CNMild not doubl of succeis.
^mmmtm^ niKler iheite encourageunentsand
, aod witia these rewards, buth these
s» tbe two witne«^ea» were engajjed h^
^ lo enter into, and go on w iih, this
tbf prisoner met ihenn a^»»rt from
rtatime; they concerted and carriod on
a oa they thought prDjj^r to exe-
oie tkis dcaigii^ ufK>n the foot of the plan,
en tueutiunedy and will be pro-
I lit jon.
w^ have produced the ichetne, and
dmtuioed these two wknestte^, who
I flee j«ii ai account ot the pm^^rt'oa which
prWOtt' tnade in thiji treaaon ; we bhull
etw oilier plain and erident pruof, whiih
\ ieOMNMlnt* the Ireaaonable itiUrnt of the
r •! Ike bar» and liit ho^^es of (tuccc^.
W«i ekAll profe thai tiie prtaoner had been
ti Hamii, aad by hia own cuofessiun, that he
bi eMO Um Pret«uder, and had confcrenoea
Mm^kuSk proife thai the priaoner bad blank
pmmimmfj notea, or receipts \m tnoney* signed
vili ite FrHetuier a «jwu hand, by the aaauioed
lib «f Jamaa Ilex, founii iimongit Layer'a
■lytn, lakiicli were remittal to him from
MM^aml which he has 1 were
telurer lo liim, for mitiM carry
•ilbecAiaea irf the Fr<:tciiiH i i uis is ci sti-iMi*^
mkhmat <lC Uhi tnui mnA crctht reposed in liioi
la dsoalt^ **"'' ^-'^^piracy; ihai the prntoucr
bap(r%et4 ^uated; thf« rcct^iptx Kre m
Uiw^ saMl ^'^ , :i»oner bod power to raii^e
Mmtf 9m liianif Mid lo MX \k^m up wttb
A. a 1722. [130
aueh tnma, as he thought proper and necei-
sary.
Genilemenf on I he examination of oar wtt*
neasea it will appear Uiat >1r. Layer declariHl
be hid ex|iended i^reiit aurnsi of money in thia
affair^ and that he has made it an e.^cuaie, » by
he hitd tkvl money to iupply some demaiutay
because he hud disbursed tio luucli.
This therefore was lo be his fijll power to
raiue money toward* bringing the Pretender to
the throne.
Besidea these receipts, he had furnished hinw
self with lists of the othcers of the i^rmy, io
order t>> know the nit nation and condition of the
arnty,and to coivsider what adraiUa^e he could
make by any of those in the tUt^ : he had pro-
vided bunserf with lists of the otficers cd ittd
Tower, which we apprehend was to render the
design of sei2ing the Tower, wlten their fnenti
the ofBcer was on the guards more probable and
hopeful.
Besides this, we ha?e letters which will be
produced, that pa&aed bet w oca sir VVilliain
Ellia, an adherent of the Pretender^^ at Rotne«
and Mr. Layer, by the name of Fountaioe, (a
name he went by) encouraging him to go on
with this design : we ha^e the cypher, anti the
explanation of the cant words uaed in those
letters. In one letter £ili^ says, the best me-
thod of carrying on tl*e manufactory (which ia
the insurrection) is to get gooi] workmcu, (by
which is meant sohiiers) and particularly to
gain some of the ablest of Mrs. Barbara .Smith's,
(by Mrs. Barbara Hmith is signified the army)
and this wouhl be very agreeable to all con*
cerned, particularly to Mr. Atkins (which by
their cypher or key is a nanie for the Pre*
teudett)
And in another letter there is particular men-
tion of Mr. Layer's iuteiided general; ) on will tind
in the letter an explanation of him« tims ; that
he, who tlip prisoner in his letter called Siiiioo8»
and described asa teuanli though his name was
not then found in the rental, this writer b*?-
tievcd he should be called Simme$,and say^ he
is of the Norti), a grey *h aired ancient uiaa, for
whom his frieud has a particular esteem and
value, as a very good tenant. This is the de-
scription, and this is the cant that pass«d be«
tweenthem; the eKplauation you will ii|»pre-
hcnd, by the cyphers that were found amungsi
the nrtsooer's paperi>.
Mr. Layer was not wanting in oilier prepa*
rations for this attempt; for he had jtrovided
arms in his own house, more than he could
have occasion for, as a private subjtxa; he had
several mnskets and other fire-arinn; he had
forty or filly cartridges, hHuled with bullets^
ready made up far m manv discharges, which
might be delivered out to the ^reoplc who should
come in to them : it he hud any use for KUcb a
ijuantity he will «hew upon whatocciu«jtm.
The discovery of \\\v tacts made hy the wit-
oeasos occ^asioned the apprvheudiiig Mr. liay«r,
in whose house these arma wera likewuMi
seixed.
Mr. Layer tf as to coosdous of his owo guUU
I
I
4
I
ii
i
151]
9 GEORGE I.
Ttial ofChrutopher Layer,
[152
that aAer lie was apprehended, he made his
<>8cape out of the custofly of the Diessenger io
whose house he was placed ; he offered a great
reward to watermen to carry him off: this is a
demonstration of his guilt, Irom the con?iction
of bis own conscience.
Gentlemen, there are some other matters
and papers which it will be proper to offer to
your consideration ; and most of these parti-
cular facts, which I have mentioned, or the
most material of them, have been confirmed by
Mr, Laser's own confession which he iiiaile
upon his examination before the lords of the
privy council. And when we have hiiil before
3foo'this evidence, as according to my instruc-
tions we shall very fully, I do not doubt but
that yoo will do your duty as liouest men.
Yfe do not apply to your zeal, as yon are
Protestants and Lnglisbmen ; but upon the
weight of the evidence, we shall appeal to yonr
justice, to your oaths, and to your consciences,
whether u|m>ii tlie whole pnx'if tii be laid before
yoQ, ]^ou will not remain fully satisfied, that
the prisoner at the bar is Guilty of the high-
treason whereof he stands indicted, and then
that you do find him so.
Att, Gen, May it please your lordship, and
you gentlemen of the jury, I am counsel on the
same side for his majesty against the prisoner
■t the bar, who s^nds radicted for high-treason,
in compassing and imagining the death of the
king. The preservation of Uic life of the king
is of that great importance to the safety and
|yro8perity of his subjects, that even imagina-
tions and intentions (which are but aou of tiie
heart) to take it away, manifested by overt-acts,
are an offence of the highest nature which the
law takes notice of; but as imaginations and
intentions of men are secret, and cannot be dis-
covered but by their actions, there inuift be
proof of some fact done in order to carry such
intentions into execution, to make the offenders
ffuilty of treason : therefore in this indictment
five several overt- acts are laid ; the first is, that
the prisoner at the bar proposed, consulted and
agrrad with divers persons unknown to the
grand jury, to raise an insurrection and rebel-
lion within this kingdom against his majesty ;
the second, that he published a traitorous writ-
ing, purportinijr an exhortation, encouragement
and promise ot rewards, to persuade his roajes •
t^'s faithful sulijects to take nn arras against
faim ; the thinl, that he pmu«ise(i, consulte<l and
agreed to set the Pretender on the throne by
armed force; the fourth, that he listed men to
levy war against the king ; and the fifth, that
he proposed, consul led and n;rrfed t<» seize and
imprison his majesty '» sarred |>fTM)n.
Gentlemen ot the jury, y«ii ivill readily
agrte with me thnt nothiiig can he inoredreail-
ful to a true Hritfin m ho hath anv regard to
hiinsc;l''or his posterity, or love to Lis country,
than the fa*al conMei|Uenc«^ that must have
inevitahly aitendeil such wicked designsy had
they been carried intp executioa with sooOMix
aupposearebeliioa bsdheio «iiy ttlirt, t>Hit.
could any man have expected from a rebdlioa
in the heart of the kingdom, but plaodcr aoi
rapine and murder, a total suspeoBMi of all civ3
n^h% and as long as the storm bad oontinaed,
a just but terrible apprebensions of aooielluBlf
vet worse to come : This would certainly have
been the case, though the attempt shoubl hara
been disappointed at last. But bad k beea a^
tended with success, had his UMJesty's sMni
person been seized and ioiprisoiied, and hai
the Pretender been placed on the throne, whit
a scene of misery had opened ! A mild adan^
nistration, goveroe«l by the law of tbe^ lasHl
under an excellent prince, and as just aad loar*
ciful as ever wore the crown, must have given
way to arbitrary power ; all vour estaln aoi
properties must liave been at the will of a pro-
voked and exasperated usurper; liberty ranst
have given way to slavery, and the best of re-
ligions to popish idolatry and superstitiott ; aad
this, humanly speaking, without any prospect
or hopes of relief: Nor would lliese dresilful
calamities have been confined withinihe boundi
of the king's doiuinious, for should the preaeot
happy estaidishnient in his mnjesty and his
royal family (the chief bulwark and support of
the Protestant inUrest) be destroyed, the Fn*
tetktant religion in general must be redooed to
the lowest ebb, if not totallv extinguishod.
This is the nature of the crime, and Ibaso
some of the fstal consequences that most havo
ensued, if the de^sigus charged upon tho pii-
soner by the indictment had took eflect. Ml
whether he is guilty of this great uffs
is what you, gentlemen of the jury, i
to try.
My lord, it is my part to open the oatoiw of
the evidence that we shall produce to provo the
several overt- acts laid in the indictment ; and
in stating it to your lordship and tho jury, I
shall follow the course of time in which the
facts were done, that the case may be more
easily apprehended, and shall opni notlitrilg bol
what 1 believe will be clearly verifietl by proof*
I'his prisoner at the bar, though brou|(iit up
to the profession of the law, and a pracCiser is
it, went beyond sea in the vear 1790, aod at
tlie close of that year, acconliiig to our stile, or
the beginning of tho yesr 1731, arrived at
Rome, H here the Pretender then was; while
the prisoner was there, he piocured himself to
Im* iotro<luceil to the Pretender, and had two pri*
« ate conferences wiiii him, in which (but by-
what niftliods or representation is best knowe
to hiinseif){tis plain he ohtained the Pretender's
gomi opinion so far, that he thought him a fit
l»ersoii in whom a confidence for carrying oa
any designs sgainst his majesty, and for setting
himself on the throne, might be safely ra*
\wieA : For this purpose a correspondeDOO %raa
then settled between the prisoner and sone:
persons of distinction about the Preteeder, and
a cypher of names, of persons aod tbingi wa»
agreed on, in order to carry this eorrcipondenea-
on. The prisoner retnned to Englandabeni-
Jnlj mif liter whiih ha wril leilHi la M
oat irtm thecic«, wbcretiy it «
t will ftppear, tbftt
eoQsidcrable piiit
eftfT^rtiT^ on to bring the
p9l0mdm m; mmI ftllbuunb lU^^e letters are in
i^amaod cant lertnA, mod iictitiouii names,
^ If Ikv iMlp of ibe c)^|iber, and from ttie
wamm id iIms toUtw UimMlires, it irill easily
underKtandiof^ for ivbat
writ : Ttitfl cypber and
|ifii9e to biife bt*en found
Vte tMfiertf wbicb were mmteil
tutmnimi, and your lordsbip
[Tilf lit jmy wiit tee, nbeu they come to be
Mattel poiwiibfttiftoding the obscure terms,
1^ i» aiysterioiti expraMiou* inaerted to
teife ite eye of the remleri whev cooi pared
•^ ^kmryyhtr tbey will be •oiuteUij^ble, that
^tj wdi ht m. |>Him (%f ideate that a design was
oo of raising a ^nerai rebeliiofi in
^ Uie Prelender $ for which purfioaes a
iflffwaa prepared, which we shall
^ liAre YOar lordaliip and I lie fifentlomen of
4fcr|0fy, ifiai WIS likewtte found aoioog the
fOMer** fiapOT ; we shall prove it to be writ
^bb^ewo hand,
llr.8v>}«uil Peo^lv openrd the nitureof
^•^ia« very folly, I flball not trooble your
MiMfia Willi a rcf petition of ^vbat be sard ^
I AtfOCDC* to be read it wdl appear to be
olMlitei §^ m |[%neral rhtm^, it will prove a
ipsel liawgw to aeise the Tower » to seize
fummB iw (teait itatioQa^ to seize the Bank, and
tt^ at ImA Io aetZ47 the person Qi the king^
fo setae his royal highnesf the
rof Wales. Thi% we apprebeud, will W
f mimcG of the oxert-ocUi laid in (he
, wmI WfU confirm the testimonies of
\ m\Uth we shall prod ore,
if* two witnesses we »ball call to
m aeerl act* laid in the indictmeni,
^tf kmwm already bcc-o mentioned to your
lbHki|»| Mr. Mil fiiir-n T.vni h, and tcrjeant
** ' '^ Plimt' 1 1 will prove the
hctment to have
aieil on«*r in the county
tslier* unent was fuuod ; as
» ttf ihe »tiu»e iijiliire committed
i m the comity of Mtdille«frx> Hut as it
tio fall dircvtly upou tbe proof of
witboul liriit pniving' fuime other
iMto^ w«y i»f iutn.^i ',nw the or-
tMMHprbHween M :epnioner
■ lilif beffaa, and hi'v wry came ti> be so
» Loriit4!'r trilo a lieKitrn of thii nature,
Will giva your lord>»)iip« »ml (be
ai i that there had lieeu anjUHint'
tliis Ml. Lynch ai^d one Dr,
Nbrf^sf siflK or nine years ago ; that they
r*'lK-llion which was
'<i rei^n; aher
r youo sea, and
' d in Eng-
uince con^
"c nut altered;
, liey, Dr. Mur-
ttr^n iTiftiiMMird U> your lord-
fiUOO in tlitt outirt iind is not
now to bf fontid, btit bad a great acquainianee
with the prisoner at tbe bar) told liim be bad
sometbing^ advanta^ous to commumcate tt»
hi m, and ap|>uinted a meeting next morning at a
coflce-honselu ( '(jrabiil, where ibey accord m^ly
raet ; and Murpbey then advised Kim not to go
out of Englarto, because be had an opportunity
of making his fortune, tellings him there wt»UHl
he a general rijiinff in favour uf the Pretender
(whom be called king) aiul that it wjts carried
oo bv gentlemen of note and credit ; and if h^
wonid accept of the KervicCf he would rp^oiii*
mend him to one greaily concerned in that af-
&ir ; Mr. Lynch, after cousideraliouf agreed to
stay. — ^At\er several other meetings belweeii
this Dr. Mur|)hey and Mr. Lynch » at which
tlieir discourse generally turned upon this in-
tended rising: about the bf ginning' of June,
Dr, Mnrpbey tntrodaced Wr. Lynch to tlie
prtaoner, as a person tit to be entrusted in the
mtended enterprise; they went to the Grtfiii}
tavern in Holbom ; !VTr. Layer there expressed
tbe good opinion he had of Mr, Lynch upon
the character he had received of him from so
good a friend as this Dr. Rlurnhey. They soon
entered u|»on bu!»iiies5^ and ttic prisoner, after
having made a ri^ presentation of the uueasiness
of tbe nation in genend, and of the tair op-
portunity there was to bring about a revolution^
proposed to f^Ir. L^iich to setxe some general ;
to which tbe witness agreed. After this they
had several other meetings^ at which the din*
course turneil upon the same subject of a ge-
neral rising in order to set the Pretender on the
throne, and at one of them the piisonvr de-
clared he intended Lynch should %e}ze the earl
of CJadogan, and that the scheuie was laid on a
souikJ foundation, having a ^reat nisiu at tbe
head of aflair8, who ^^ anted neither wit, couiuge
nor rebohition, ai»d he would be backed by his
friends. Several other proposrtionfei were made
by the prisoner tending to the same end ; to all
which Mr. Lynch a»^r«'ed, and ihey con>»ulteii
how ihtry mi^ht put those thmgis in executiou.
Id July last, Mr. Layer went into the country
tbr fnurteeu or fiftern dayfi, and alWr his return
in the beginning o» AogUMt, in pursuance of
what the^ had ctinc«rrl^il| [VI r. L\ncb and he
went to View the earl uf Cadogan*s house, to scflt
hnw practicable that design of seizitig him at
\ns hou&ti was. Mr. Lyneli thought it feasi-
ble ; but he grew uneasy at delays, anil fre-
fjiiently told the prisoner thai hi^ circumstances
would not permit liiin to rnntioue here at bia
own ex|»f^ : '' t retort* to eitcourage him to
i»ia\, ftik'l tn the design, Mr, Layer
gnvehiiii.^ iimsof money.
My lord, upon the '24th (d* August last, tbo
prisoner and Mr. L^ nch iigreetl to rideou> the
next day to tsike the atr t on thi* 25th » accord-
ing to appointment, (which hringH u^ no%v to
the overt- acts in the county of K<sex) they
rid out together ; the prisoner thought it proper
to ride with armn, allegiug that he had things
about hill) he ^«outd not lose for any thing m
the worliL Upon the road he told Mr. Lynch
they would go to lord North and Grey's^
I
155] 9 GEORGE L
with whom the prisoner bad the hoaour to be
well acqimintecl, ami be woiilil present Mr.
I'yncfa to my lortl as bis itarticular acquaint-
Alice. 1 1 hAppened to l>e toti lata to get to lord
North and Grey^s b^' d inner, whereupon they
put in at the Green^AJan near Epping forest,
whichi genttemtnt Uat La^^ too* St one in your
county. Dinner not bein^ ready at their com -
iug; thttbrr^ the^' entered into conversation on
the former topics, and Mr. Lynch di^iriu)^
to give bim &ome in^sifirht into the scheme
that was formed, the whole subjeci matter of
Ihejr former c(insu1lation« and discourses were
repeated about seizing lord CaiJog^u, seizini^
the minister* of atate, of g'eitJnf^ part u^ the
army to declare for them, and for seizing the
Itiug's person ; and tbeae thiniy^ were then
agreed to by them. At this place it was, tbst
the prisoner pullet) out of bis pocket, and
abewed lo Mr, Lynch the traitorous writing
laid in the indictment, >thicb was a declara>'
lion to encourage a general ritiinof, writ, as the
witness lielieres, ia the prisoner's ovru band ;
ttod that part wliicb contained the pronusea of
rewards lo be given to the soldiers and other
persons to encourage Ibem to come into tbeir
deiigns, was readby tbc witness; after whicli
Mr. Layer took bis paper awny, and put it up
10 ht« pocket again* My lord, wben they had
dinedf they went on to lord North and Grey's
bouse (whom your lordsbip will bear men-
tioned by the evidence as tne person thought
on to be general in this undertaking) ; they
staid there that mj^hl^ and dined there next
day, and afterwards they had a second meetiog
at lord North and Greyed. Your lordiibip and
the jury wiil be pleased lo observe, that this
evidence will be a full and positive proof by
t\uH witness, that the overt- acts by pubbsbiug
ibis traitonms writing, encouraging persons
to lake up arms against bis majesty, of ibe
consultations and at^reeiDent to levy war, lo
•ei tbe Pretender ou the throne, and to seize
liis neiajesty's person, were done at the Green-
MtDp in the county of Essex : and this will
likewise be an evidence, that all the overt* acts
laid in the indictment (except publishing tbe
traitorous vtritiag) were done in the county of
Middlesex.
(Hy lord, tbe next witneKs we shall produce
is Matthew Plunkett, formt'rly a seijeant in
»ome regiment; be had been formerly ac-
qnainteil with, and bad l»een serviceable (otbe
prisoner, and was very well acquainted wiib
one Jarnes Plunkett, which James Plunkett
was a great acouaintance of tbe prisoner's.
This James Plun Kelt desired tbe witness, Mat-
thew Pbmkelt, to meet tbe prisoner in July
last at tbe Italian cotfee- house in Unssel-court,
which tbe witness could not comply with ; but
the witness met the prisoner tbe Sunday fol*
lowing in Ltncoln^s-mn- fields; they were to-
gether near an hour, lh« prisoner gave bim
an account ol* the intended general rising, and
asked Ibe witness if be knew any otd serj crania
m soldier !j who can discipline a mob, agreed
with lum to procure ^udi^ meuLioufid to him
Trial ofGhmi&phw Lot/er^ [ 1 50
several persons fit to Lie al tbc bead of ibbi
eolerprize ; and in ord*'r to make bim ditig<*ai,
be gave bim at that time half a crown : iia«|
money was not only given bim at that time,
but a promise was made io him of lurtbor re*
ivards. The prisoner having ocCDHiim ti* ^o
in the country, one Jiffi eys» a no«iiini*|£ vimr*
gyuian, was sent to Matthew i'ltinkt-tt by
Layer (and ibis fact tbai I am going to op«;«
must not be iMirely coiisidered as an a^H tie«
tweeu Jeffreys and Plunkett, but it wiU b«
brought directly home to tbe aut of Layer
bimseill) Jeffreys lold Plttnkelt hi» cam«
from tbe prisoner, and that be was eoipJoye^
by him to go to such as the wittiess vmIl, wb^
were old seijeanis, to get a ntiinber of ikeoi In*
getber to dbctpUoe the mob, in order to tbe ge»
neral rising: the next day they met again,
and hail (he bke discourse, and Jefii'eys gait
Matthew Plunkett half a guinea; and what
brings tliis borne to the prisoner, is, Uiat btti
told Plunkett he had left a guinea with I ha
nonjuring parson to give him, and talkeil witli
him on the same subject that Jetfreys had dia«
coursed tbe witness bdbrfl. But iu tact Jcf*
freys dtd not give Plunkett the guinea, bec^ve
him but half a guinea.
My lord, atler Mr* Layer went out of towti,<
Pliinkpit gave bim an account what progrcas
he had made in theatfair. Plunkett told hi«ii
that be bad got several old soldiers that woulil
bear a part in this business : the prisoner atid
he must take care lo keep a list of ibeir nam«t»4
and tbe places where they bved, that the/
might be in a readiness when they fihoulil
have occasion for them. And on KJunday Ixffort
tlie prisoner was lakeii up, be told lUJi
Plunfceit that a great many of bis countrymiatL
were turned out of the guards, and aj»ked him,
if he knew where tbey lo^lp^ed ; and upon ih^i
witnesit'ti answer ihal be ditl not, the prisoner
directed bim to take a list of their namen, and
places where tbey lodged, that he might hate
them when occasion required, 8o lliut iim
is Mr Lynch a p4>sitive witness as to tbe ov«f«*
acts iu Essex; Mr. Lynch and Mr. Pbiu[
(losilive as to the overt- sets in Middlesex^
tbeir testimony confirmed by the scf
under tbe prisoner's own hand, and
iiapers, which we shall produce, found ai
lis papers wbi^^b will leave no room to
of the truth of their evidence* Besides, ray
lord, tbe prisoner boing seized in Heptembef
last, we shall give an account when he waa itt
custody of a messenger, locked up in a rooia
two pair of stairs bit^^b, be made a shift to niika
bis escape, got to the water- side» and goi m
scuUer to carry htcD over the river ; he aolii*
ally got over tbe river, but be was relaktia
again in 8t. George' ■> fields, and brought back
to tbe messenger, and offereil very considerable
sums to tbe persons who retook hiro to let hinr
go. I believe it is hardly to be imagined, a
person perfectly innocent would venture lo uei
out of a room two story bi^h, and in the
manner he did, and offer to give such a retrard'
la the persgu9 whg retook litm to ki bun g«i
rOv«f«.
Inukii^
M
kdoaBn
«fvb»
fm High Trcmm,
b^eomeSoas to liimacirthat he
T^iit ilAHifpr. There were like-
in bis hfiuiic arms more tliau n^<
fbr bis iiB€, mod which he has con-
MPTO lo lie uted d' thero had been a
iljicfrf, to ccirrotiorftre the IcgUmony of tlie
•ita««s, we »!i-" '-^ hefore yaur lunUhip
■ii ill* ffratlcv hf* j'^^'y* *''^ fie?eral
S«4ieli Wk,^ . ,;i,;.3, I mAv s»y, i» Mr,
i«Mciclv; I lion't stiy tfiey were ac*
Ako »fi Itiri < u'UmIv. ImiI it will come to
ll*««»ili livtTctl them in
iM^nl' I ' wiiiiesfl* whom
•9 tAflil ^rtMiiicet with ittrcetions that she
ibM4 rnkm |wrlieiikr care u1 tfiem ; and they
^tmmkm^ to li€r eii«tody not lon^ after the
favw Wfltft cofticnilted to the eu^torly oi' a
#b« WW drcry one of them inarkcsii
itttio dei'/cd them, and marked
41' : ilierr' une not noly the scheme
iatli»cjpben And letters mentioned before,
pfomi««iry notes subscribed by
thene prominsory notes run,
mmleA^ to have received from
tbe nm of irljjch sum
(o r«|»ay with an interest for it at
I of fierann* James il/
^y 10911 imtf^ftef if there was nothinir
e^plftin tbem» that these notes were
IT iiO<li(f)^? Every body roust believe
ry wiPwr ttit4*nderl to be made use of to
jtiiy 4o tl»« coiit|itr«kry ; hut we tth all shew,
r-t own coiife«siioD, ihnt they
' to him by sir Williiim HUii, in
lie iiMiie use of as occasion s lion Id
, 40 l»f«ilWili^ these designs tn i'avour of the
AfiKMig these papers several lists
^mf-^shMmd whidi will be |ire>iluceiK some of
aiMdi amfeain th^ tttiinber of the othcers anil
#<betfctifr< in the ^anlk^ some the names
^srtiiff •iSccrx and soldiera^ and son^e the
iHifaKr fif ttic officsem belonfpng to lii« Tower,
b»«l Iw untoedi that in tome of those lists,
A«v mn iki* nainfii of seferal fiersona of as
r, loyaHy, aod fidelity to bis ma-
ft aa any anl^^ecta his maj^ty hath ; yet
itiaae lists could be for itothmg'
t an infoniiattori tif th*' iinml)cr imd
• iif the pimrins in bi^ mujesty'ii ser-
iiM atmgih of his itiajssty^a l
miffht be (ziveti and
'T-' tind that ihrre
AH iheif coidd
"i«<» the Pre-
'f pot any
- tlieaie li^ia
Hj. hr Will have an op|mrtunity to
' tlimjT* ^'*''"^'^ provj-d, I appi'ehend
' prisoner
' ittU It.' cliari^i'd
Jiia ttiidiiameiil , but U^kiiile^ all tfiis,
ne Ilia l90Bf«sati>n by two witnefiRes,
tkm% on4lfr*«»inl i virv ovi r»
, the BC-voml Ir^ins^K i:
" ' ' nili i^ve ftCK^oiiiii oi,
I I bite matitioticd
m fintwri!
A. D. 17'i^ [168
/ before. I shall conolude ^ilh tbts^ fi^nUemeii
of the jury* that H* we make out these facia
as they have been opened, and according to
my instructions, 1 have no reason to mske tlie
least question of it, il must l>e left to your con-
sideration whether the prisoner at the bar is
Sfuilty of the offence for which he •rtandu in-
dicted or not: if you shall be satisfied by the
eridence that be is» I do not doubt bnt you will
do justice (which is all that is de&ired m you)«
and find a verdict for the kin^.
SoL Got, if your lontship pleases, we will
DOW proceed to examine n itnesj>ea ; and we
desire that room mny be moile for the wit*
nt/^^en to ooine itito court. Call Mr. Sleplioa
Lynch.
L. C\ X You tnust make way there.
Frisoner, My tord^ I humbly desire before
this witness he sworn, that he may be eAauiined
upon a Voyer dire, whether he bulb not s
promise of pardon, or some other reward for
swearing against meP
L» C, J. Sir, you cannot ask him that
question.
Mr, Hungerford. I hope we shall be at li-
berty, and hove a right to enter into an examt-'
nation of this matter* If a mnu is represented
to be in the same circumstancen with the pri-
soner, and the prisoner led into the same ctr-
ciimstanoes by the [terson proposed an a wit-
ness, and at\erwards by him involved ia the
Bome offence ; if the person therefore proposed
a>i a witness, hath a (iromise of pardon or aome
reward, upon condition that he would swear
ai^aiust the prisoner, he cannot by law be a
g^od witness; the perf»on proposed as a wit-
ness must be a credible wituei^, must be a
leg-al witness, must not be convicted of perjury
or any other tiotoriou<$ ofleuce, a free witness
that is not under restraint for the offence bs
accuses another of ; and tlierelbre we hope we
have a right uf asking- whether he acts under
the influence of any promise of reward, or lb«
promise of a pardon : and the right we have
of examiningr bim to the promisee ot a reward
or pardon, is supported by the authority of my
lord chief justice Hale* asireporteil by kcdvni^.
Mr, Keitlhey, My lord, i would not lake up
your lofdshtp*s time, and sulimit the wcii^ht
of what i>lr, Hungerford has offered to your
consideration; hut we found our rij^htofask-
iiif^ this ijuesiion upon my lord rhief justice
Hale's express declaration, set forth at lafffe iu
Kelyn^e^s Reports, foh 18, which I have here
in my hand. I must likewise beg: leave lo ob-
sert-e to your lordship, that thi:^ f|uestion was
formerly asked in the trial of fi^irdon and l>or-
relt to one Adams, that Inid been in the aaine
conspiracy witli those tliat were brougfit to
trial for biKh treason, and was then produced as
a witness against thetu ; the bfiok waa thes
broujEfht into court, and the qaoiaiioa rend he-
fore your lordahip, and ac^^ordiog: to my notes
of that trial, which I have heiT brou|(iil with
me for my jUKtitteatioo, ( I submit to your brd*
* liale'i Hist. 1». V. U. % cap. %7.
159] 9 GEORGE I.
fbip'f oorrrctkm if I rfo not state it n^t,)
Adams was asked tbat que^tMrn, tho«i|^ it was
Bon^ otj^cted Id by the kingr'^ coonwl. The
distioctHMi ofiT lonl cbiet' joitioe Hale made
was this —
Jnst. Eyrt, Read the whole pafW^I^-
Mr. KeUlbtit. 1 iiill, my bird. The nordA
arethese : ^ It was rei(dT«-'d that some of those
equally cul|»abie with the rest, mav
de use of as witnesses a^nst iheir
fellows, and they are lawful accusers or wit -
p(*«ses « ithia the statute 1 Ed. 6. 19, 6 and 6 '
Kd. 6, c. 11. and 1 Mar. 1, aaud accoidinsrly
a: the trial of these men, some of them who I
wtre *»artics in the treason were made use of |
A^io«t the rest : for lawful witnesses within !
tiiosc^ sututes are such as the law allon efh ;
unri the law alluweth every onetobea wi'ness,
ubo is not conricteil or made infamous for
some crime ; and if it were nut so all treasons
would he tsafe, anH it would he im|i0ssible for
one who conspires with neier ro many persons
to make a discovery to any pur^Mise."'
I was aware of what was ht-re laid down,
therefore did submit Mr. Huugerford's reason
to your brdship's consideraiinn, and did not in-
sist farther u|ion it ; the subM>queot words are
these. " But the lord chief baron Hale said,
that if one of tlie»e culpable persons be pro-
mised his pardon on coniliiion to ijpre eridenoe
against the rest, that disableth him to be a wit-
ness aflrtin«t the others, because he is bribed by
savini; his life to be a witness : so tbat be makes
a difference where the promise of pardon is to
him for disdosinif the treason, and where it is
forg^irineoferidence. But some of the other
judges did not think the promise of pardon, if
he gfare evidence, did disable him. But they
all advise«l that no such promise should l»e
msfle, or any tbreatnings used to them is case
they dill not g^re full evidence."
fSo that, my lord, we have not ool v the au-
thorhy of that book with us, hut a solemn pre-
cedent in this court in point established npon a
lonf( debate, and iprounded on tliat very autho-
rity. And when I moved this matter at the
trial of Divrrell, Gordon and Ker, I then cited
another instance w here it had been allowed by
the Court, and that was before Mr. Justice
Powell at Worcester assizes, upon the trial of
Palmer and Hymunds for the murder of Mrs.
Palmer : there a third penon concerned in the
fact came in as a witness against the other two,
and alter it had been ar^pied by coonsel, and
that leameil judge had read upon the bench,
and considered thi< authority, the witness was
at last asked this qiie^tion upon a * voyer dire:'
and for the truth of tins case as I n^jMirted it, I
ap|>ealed to my lonl Lechmere, then attorney
general, and h Iio had been one of the counsel
at Palmer's trial.
8erj. Fengelfy, My lord, we hope if there is
any room fur this pretence which is insinuated,
it only goes as t» his credit, and d«ies not dis-
able him from being a witness ; the authoritiea
produced are no more: the judgca directed
that no suck promise should kr mde, bat if
Triml qfChmiapher Layer^
[leir
itdMk
H-M
r.«ak»
such a promise was made, they
not dinsUe him from being n*
tneutioned by my lord chief '
i not bke moniey given, wkich in
* ni|ition ; the promise of parddo ii n
j luntary in itself: who is the pi
made by ? Is it in the power m
. but his majesty lo perform it? IftkiilaiMV
- thing in tlie suppositioo, it is BOt pnpvlsaik
in rklation to it upon a * rmytr 4i
the witiien from being awora to giwvcntasi;
' but w hen he hath been sworn, if tbij
I lo a«k t!ie question, they may.
Ail, Ce». The askii^ tlie
tion, as it is irregular, so if it wm& aooprrrd m
the affirmative, woaki be of no ^frriee t» tka
prisoner ; for. With submigifiaii^ ii wS nn db* <
able Mr. Lynch froiu being a wftta«M, fiscrf
man is hound injustice tt iriv« ef iiletiiaa t( vk
quired, and a promise Ia have a p«rdoB ilka
gives evidence i^iait the |m«owGr, caa bo^
looked on only to induce bi« l» 4» thai wbkk
by law lie ought V* M aceonrKng' ti ll»» tfuib: ^
it does not import tb&i be was to gite a wnaig '
or a fabe evidencp ; »ueh a *^iipttiasi ka en* ^
not be oldiged to answer. And ifeemaMI^
use the prisoner coutd make of ikifi, WmtM*.
promise was made lo ibe witneaa (wbidi it ^
not admittpd) wottSd be ouly agaitmt the cndii
of the witness, but out enitrdy take wf kaii^
timony ; his credit, as i»dl s?^ tlie crrdii tit"
witnesses, must lie l^'it lu the ctnusUlervl^
tkejiu-v. As to the opinioi) ol' fuy knd rb
baron Hole cited aat of Kdyo^e, tb^ otliie«
judges differed wiih bjtn, siid ihei«iof« #^
bo|ie Mr. Lynch shsJl be Bwom.
Sol. Gem, We who are coonsd fot tb«
do not oppoae tke asking thti questjofi« oni ^
any apprekcnaioo thui the j^dsmct wmM
out against us, but tor iear of orcrti
point that hath been hn^ ^tllcd. Am ta
book, wkick the^e gentiemeii cite tc» fu|
1
their dijanlion, with submistkio, it is j^ihi^' g
autkority to over- rule it^ Tbe opiutaii EAaJ
found tkeBoaelvfls upoa» isthAt of my lofil ^ '
baron Hale ; bvt the t&% of the judg^ **<
r'nkw apunat him; so tiiat we app«
antbont? m witli ira, and likewise tb^ m
son of the tnmg. I take it tlist do
to be asked a man upon a ' voyer dirr/
fact that wnaM take off h is testimony,
then, fiir argnmcut <vake, tbtii ibeTe^w^&s «. \
miae of paidon made to a luau upoo c^^«m1
that he akouM ^ive evide&ce*^ I a^^^rdl
that would not difi^ble hiui from betim^^ ml
ness, any more thiui if the cond>ti(^ V^«4J
that ke akonki declare the trut)i« irhi
his duty to have do&e, although do '
mise had been made : ainl siirefy tln.^
of a nardon, upon a cooditiop to do
was his duty before, wiU not talce of
mony. If they would mk ihc wiiu«
be baa acoe|itcd a prooibe ofoL Ck7^ir«V
condition to give fk\%€ testimcmjr, Xm m ^^i^^ \»i
tmn, to whim, with great iubint!Ka% ^^mt^ W
bound to anawer; beeuase tbiii. ^^^ch^
•wmekua tt ai:cuse blmsiejrpf m^ -^laia|
161] for High Treason.
If wmhmfkt For these r^asous, as ncll a&
«p» aecomit of the authority th€^ produce,
«t typebenil there is oo force in the objec-
ted.
8b|. C4««Atre, M? lord, I know not whe-
Acr it vfMild oot be laying too great a weight
Wfm tie nlijcMrtioiiy for so mony uf the king's
^ In ftosw er it ; for my part I thiok it
lltf Mnmgtrford. f urge it thus fur t what-
Ifvrsofi is produced in a court of justice
I he must appear to he utterly uu>
hi point of interest i si the consetpieuce
Jf a man produced as an evidence
lite debt ti{Kiu the defenibnt, !»liuM«
exjiniiued upon a ^ ? oyer dire,' ihs*
Ikat be IS to have a part of the i uimey re-
st oet such a person disaiileil from t>e-
m^% Wititesji at a]J? An^ ib not a promise of
Itflnto the witness^ in ca^e hti couvicts the
c^bmI, a g-reater bi^s than the witness'^ hav-
9ffmi of the tnoney recovered P In a civil
ttaedbe questioo is not, if bether the wittiess
hwmpm, to ««rear a truth or fulshood f but
iMttr the «^itne&s doth oot sip[>€Ar to h^ so
HirsDOoereecl in interest, that he ou^bt not to
bfnintned at all I And thrrelbre 1 humbly
^Mtthat i(fe ou^ht to have an account^ wbc-
ftffilie witness, Lynch, bath the promise ufa
■vAqo* or any revrard tor that which he is to
Is lere, viz. fur the evidence ke i$ to give
4|tt&ft ibe urUoner? As Ui the consequence of
Mh V, it is iudiflfereDt to me whe-
ther it lule him from being' a witness
_ tlsaHtii^y, or go to bis credit only : for if it
^LfbooM Guote out that he liuth sucti a ]>romise,
Aijisoppose CIO jury or man tivin^ mIII hclievc
^Hfa^ an^l that ifl much the saiue as if he wei^
V%l ffrodoLM " ^ .'h it seems mure at^rt^cahle
r tP tiie |*r< i \ \\ cases, that he should
I aat U ' 1^ 1 tutne5S dt alb
' Ml . 31 r. Solicitor mistakes the
varda* w. ^^.v ^iiuk as 1 read them ; he is pleas-
fd Id understand ihem as if all the rest of the
dvfTered in optuinn from my brd cliicf
Hale ; hut the book does not say so^ it Is
mtAy that same of the other juilij^es wereof opi-
wmm tUnt it did oot disable tiim, but all agreed
llbaiii «veht to bis creiiil, and tliat was ult I
re»4 IB li»e book \ and I wdulil not have oHered
Uptb^wbe than as it was truly there, upon
iBj coBfidrintioo wfiatsoever; hut t^betber
«i|iiestiott be asked at Hrst or lait, so as we
■p aitswf-r to It, I am contented.
pp. J. Yoti see the most you can make
t ^' ' ' i^ an objection to his credit; and
b credit^ rnun lie ttot ite M^vorD^
Ki, i^.vv... iett to the jury? lie must be
" as a te^al wrtnexs ; but if this man,
r expectation and promise of a piirdon,
rt here tti sv^earthat which is not true,
yoii would a«k bitu to that, be is not
to asisii'er it. Nobody is in discredit
, l^iltahtays lo be lakpu U\ lit" innocent
ottierv»He. It is expresset) that
lie of pardon : what to di» ? To
y^ev. Gittt fvidctiee! Why should
A.D. 1722- [162
he not? Ts be oot obliged to it ? Suppose ha
gives evidenoe sccordioi^ to the truth, be would
be entitled as much to bis pardon, as if he gate
evidence of that which is not true. The most
you can say, is, be has a promise of pardon if
he gi%es evidence ; and can you conclude frona
thence that he can give no evidence except a
false evidence? If they who aj»k the question
insinuate any thing like that, it ought not to
have an answer : but if he bath a promise of
pardon if he gives a true evidence, it is no ob-
jection to bis being a witness, or to bis credit.
Prisoner, My Jord, I humbly hope our ob-
jections will thus far prevail, and that we shall
come at the fact.
L. C. J. When he is sworn you shall ask
him whut questiont* you please.
Just. -Eyre. The objection which pves oc*
casion to insist upon this question, aijs«?s from
the iuBuence which the hopts of |jnrdon may
possibly liavc up<»o the witness ; and if ttii* l>a
a reason ibr setting aside a witness as incapa-
ble, no accotnplice w ho disL'overs a conspiracy
can ever be allowed to prove it upon oatii ; fur
I believe, no man ever yet made a iltscovery
but with the hopes of pardou ; and a govern-
ment Is obliged in honour to f»rant it, whcra
the confession appears to be ingetmous and sin-
cere: and therefore if the hope or prospect of
pardon, which is all that can be inferred from a
promise, should be an objection to the compe-
tency of a witness, no government would ba
safe ; for treasonable conspiracies might ba
formed and corriiHl on with impunity, when tha
persons concerned^ from whom alone a full dis-
covery can be bad, are utterly incapable of
proving the fact, thouy^h they give all possible
marks of their sincerity and truth. They have
1 hercfore been always allowed to be witnesses ;
and 1 do not remember that ever any objection
tvas made to their competency, till the case of
the king and Gmdoo, when the cxiunstl tor the
prisoner would have asked the same question
which is now proposed, but the Couil did nut
think it proper before the wituess was sworu ^
for no person produced as a witness can he exa-
mined to any mutter which only alfects his
credit, and is no objection to his competency,
till after he is sworn to give evidence, and has
been examined.
Just. Ftttpyjr. Mr, Huogerford would do \\q\\
to remember the several acts of [mrliament
made to give encouragement, by a reward of
40/, for the apprehending and convicting uf
every fabe coiner, bigbwayman and house-
breaker; and if a criminal in those oftenccH
shall come in, and discover and convict t^vo of
his accomplices, he shall he entitled to a par-
ti on ; and by the express words of tiie 6th of
queen Anne,* shall have the re^vard of 40/, fur
each housebreaker, and i^haU nlso himself he
entitled to a pardon ; so that t!te pail lament
tbon^rht it pi*oper to give even money as we \
as a4isrdon to such discoverer. \cl, ever sinri*
the making of those acts, tiie persons so prt»-
miseil and encouraged, have upon thiise trials
been atlmitted as good witnesses even before a
31
i
lOaj i> GEORGE L
p»Tilon« And indeed tbere can not \te too pprent
eocouragfe merit g^i^eii to criminals tn become
faooettt^ And to conie in ami impeach tiitir sc-
of>m|ilices, it being* often iiniiofisible fully to disi^
cover those «ecret confederucic^, but by tome
ofthi! accompiioes and actors ttierein.
Tiie laiv thinks these are fit witaesaea, and
yuu will find it in the book that Mr, l£etelb«y
bath mentioai^d, that they were thought At to
make diftcoveries of those secret uombioations ;
1 do not Kay ti» come in and give iaiae evidence,
but to muke a fair discovery.
Mr. Ilitnticrfoi'd, My lord, we submit ; we
ibatl ask tbe question, whether he hath any
f licb promise made ? Let the truth come out,
and we shatn>e sati^jfied.
Just, Forlcicue Aland. I was counsel in the
case of the king* and Gordon ; and I very well
remember the counsel of the other side insisted
the witness! produced should be aaked this
Juestiou on a ^ voyer dim,* liis name wan
layer* The reason the Court gave tliat it
was im|iropei' to ask this question on a * v oyer
#re/ was, that if he had this premise, such
Iftromiae was maib eitht?r to speak the truUi» or
^to speak a faLhood ; if it were to give a jufit
and true evidence, there was do harm in ^i; and
tf it was a promise of (lardon for speakinsf that
which was not true, tlie witix'ss vi as not bound
to answer that question, and consequently it
L^an be of IK) use whatsoever; tberelbrethe
[witness mutt be sworn*
Mr; Stephen XyncA sworu.
Sol, Gen. Do you know the prisoner at the
|larf — l^nch, Y'i*
SoL Oen, How bug* have you known blm ?
Lynch, I lirst knew him about the month uf
June last,
SoL Gen* Pray, give an acx;oant to the Court
and Jury by what means you first became ao-
; i^ualnted with him.
I Lynch, I became acquaiuti*d with Eiim by
I>r. Murphey : about the month of Ajiril last I
^came into England from Flaudei-s ; at my ar-
I rival iu England 1 met with Dr. 4Murphey, that
[ iras my a cquaintu nee several yeans before, wbo
tiiet me, and told me, he had some particular
business to tell me, and desired me to meet him
at Cooper's coffee-house in Cornhill, where I
met him ; and he told me that material things
Were actings in the kingpdom in order to arising*,
and if i wonid be of the party, be would recom-
1 mend me to a g-entlemaii that had the manage-
ment of it : I BEked time to consider it ; and in
I twf> or three days time I told him that 1 was
ipcsolved to be of the party. 1 frequently told
him 1 was imftatieot to know who the pfentle-
man was tlmt 1 was to be rtrommendetl to ;
alK)Ut the muuih of Juoehetoldme 1 should
|ro with him to his loilgiti^s, which were at the
tipper end nf Chauoery-liuie, right over against
the White Hart.
Soi, Gen, Whose lodgings did you go tof
Lynch. The lodifingH <»f Mr. Layer: Mr.
Layer was at home, and d^-stred us to go to the
Cfntlia tavero in iiolUini, and be would meet
Trial of Christopher Layer^
tlM
us there ; we went, and in a little while Mr.
Layer came to us ; and ihen Dr. Murpbev told
him that 1 h as the gentleman he had apoVe ta
him of Mr. Layer was glad of my acquaint*
anoe, and told me that he had such a stroog
recommendation of me, that he was fully ntia*
fied in me ; and then he held a discourse abooi
a rising that was to be in the kiugdom in ik«
TOur o? the Pretender, and that it would be
backed by a great many of the array and the
guards, and several other gentletnen.
Mr. Hutigerford, The overt act is laid in
Essex, and here is an evidence given of an
overt act in Middlesex ; with submi^aion^ iiiej^
can give no evidence of an overt act in iaotb«r
coujjty, till they give evidence of an ofert act
in Essex, where the indictment is laid.
L. C, J* All they say of matters in the eooA*
ty of Middlesex, unless they give evideooe of
an overt act in th« county oV Essex, it stfntfica
nothing.*
ftlr. Bungerford. My lord, with submission,
they ought not to he su^ered to give evidence
of an overt act in Middlesex, before tbey giva
evidence of some overt act in Essex ; tor iba
pi-oving some overt set in Essex is ilia onlj
thing which can entitle thpm to prove any oi«ri
act elsewhere. For by the method tbey wwtiM
go on in, the jury may be captiviited wtih a
fctory of the Gitlhn tavern, and of Mr. L\ver*s
other assii^nstions and actions in Mid<II'.s>.*x,
which cannot be imputed to bim upoa tlii^ in-
dictment until some treason be proved in Et*
sex : 1 hope therefore the king's counsel shall
receive your lordship's directions to go on r«-
gularly, to liegin to give an account of tha
oveit actii in Essex, before tbey go into aao*
ther county.
L. C. J/ Mr. Ilungerford, you must gita
them leave to go on in their own method, of
thtit that first happened in Middlesex, and ailMv
wards of what biippened in Essex ; ami if yoa
dare not trust them and us, but will have yo«tr
own method, it would be to put ua into ooa«
fusion,
SitL Gen. My lord, we insist upon it lu |»otAt
of law> that we are entitled to give evidence of
overt-acts of the same species of treason laid it
the indictment, though done in any county iy
England, providtd we also prove an overt-act
in the county of Essex ; which we must do,
otherwise tliis will pass for uottiing. Mr.
Lynch, go on, and give my lord ami the jury
au account of what Mr. Layer said, when yoa
were togelher at the Griffin tavern.
Lynch, The (irst thing he totd me wtfi
that he was very glad to meet me, that he bad
bad a good recommendation of me fr/*m t^r
Murphey^ as lieing a man he could con;
and beginning his discourse of an iiisnr; .l..j„
iu the king-doro, he tolil roe, that they war*
backed with a great many of the army and tlia
guards ; that there was a great many of tha
nobility and geutry of the eountrv that would
come in to them ; be told me then, that bt
^ Bee East's Fl. Cr. oh. S,t. 61.
Jhf High Treason,
of tftolutioQ UiAt would take
Wftm Ikim tli4^ ft^izing; of i^ojne person of oatet
temgtttcrilf <ir «ome otijef great man. The
^niarii ntn m\\ ufmn tbe same thln^.
BU^ Gt^ R^cxittet't as welt as ^ou caD» tHe
Air* La^er told you relating to iliit
Hm told ooe llie general design of a
ill \\w kiner'totn, to favour of the
and that tbi^y were backed by a
ly of the army, and a ^rreat many of
r and gentry ; and then be told me
m matt of resolution, lo undertake,
Blbers^ to seize a great maof as a
other great man : at that tiu>e
m jielf to do it ; so that time we
t,ihm* How long were you together?
About half an hour.
. GtA. Wh«Q had you the next meetiog ?
^ feri. A clay or two tlter^^ards,
fi frtffi. At what plane ?
J^mrh^ At ilie same tavern, the Griffin ta-
f came there, I tent a boy lor Mr,
had ordered uie to do when 1
.n fiim*
W heti was your ftr«tt meetiog ?
About tbe month of June.
And the necoud meeting was two
' day* after the first?
LfmeA- Vev, m^ lord.
IEhj. CiUMhirt. At your parting after the
iiat aie«li<i|f, what did Mr l^yer say to you T
Lymtk Mr. l^yer told ine, if I bad oc-
^mmm tm aseak to hiin that I should not come
•t but to go to a tarero and send
te yiw, wind} I ilid ; I aetit a boy for him, and
^c^mm %m me. Then talking over a glass of
WW, be lalii me that he had pitch ei I upon tne
ifiw the eari of CadogaUt and that J should
loMAijr Mraoni as I thought fit who
mimm the tatnc deaign ; and he being
pfivdfial man in tlie array, it would dia-
> tiie king's party, and animate the Pre-
fmfUty i which« as 1 said before, I agreed
and to do the utmoat of my en-
iloioit.
ftr^. PmmUy, Waa yon to do it alone^ or
mm y»« to have any aaaislance f
tfwtk, Yta, 1 waa to have aaabtance.
hm^. Frn^rlhf WhatasaiataAcef
Ifmrk- ^ I at I thould ebuie ; inch
fMlftlnit mfidein.
mL Gevf. Uiii vou undertake itP
ImfA. Ym, I did undertake it, tod to
pJMk afoa audi prraoof aa ahould be projier lo
iMaaai* in fl«
i Ctn^ Waa ioy thing aaid al that time
any |wr»on who waa to have the
i of iW d#«i^ f
Ht* told me that there wa» some
\ anew that ihd not want wit, courage or
ajul was at thi* head of this affair,
I al a proper time give me an order
v^ran Mfnrthiog further about it,
fcl, Gra> U ^cl y n u ii n y more diacourae with
4a fciiMas about thti atfair f
A. D. 1799. ri6S
XyncA. Yet, we had several discourses
about it
Alt. Gen, Tell my lord and the jury what
more discourse you had, if you can remember.
Lynch, The chief part 1 waa to act waa to
seiiee the earl of Cadogan« with such gentle-
mcfu as 1 should think proper to answer tbe end
ofseiEtng him.
Herj. Cheshire. Was there any other meet*
iog« and when, and how lotig after?
Lynch, After that 1 came to a tavern ia
Hfdborn.
Strj. Cheshire. How lon^ after ?
Lf/nch, ikime few days ; it was at the Cai*
tie tavern in Llolbom.
A it. Gen, Who was with you at the tavern ?
Lynch* I came to tbe tavern and sent for
Mr. Layer.
Alt. Gen. Did he come to you P
Lynch. Yea^ he came to me.
J}t. Gen. What discourse bad you with
him at that lime ?
Lynch* We had no particular discourse, but
in general we ttdked about the uneaiineas of
the nation^ and the iUir opportunity there ttaa
to rise.
Att, Gen. Pray, give an account of what
else passed.
Lynch, I say, the discourse that we bad at
two meettiigei before, he repeated^ and aaid,
now is a fiiir opportunity, the uneasiness of tha
people being such, to bring about a revolution,
since they would be backed by tbe army and
the guardsi and several other people. Soon
oiler that we parted
Serj. Cheshire. When had you any other
meeting f
Lynch. Soma meetings we had at Mr.
Layer's house in Southampton^ buildings *
8erj. Cheshire* How long a^r?
Lynch. A few days only.
Serj. Cheshire* At the several meetings at
his houae, what was tbe subject of jour dii*
course ?
Lynch. U waa upon the same, about the ris-
ing and uneasiness of the people, and the fair
opportunity of bringing ah<»uk a revolution ; of
the dispOKttion of the army and tkie guards.
Serf. Cheshire, Did he give you any encou-
ragement ?
Lynch, After I met him at bb house ia
Southampton •buildings, I kdil him of my un*
eastnesfs ; because he had told luc at the begtn-
ning, that tUene ihiitga would be aoon put in
execution : I told him, if they were delayed, I
wiLs afraid they woutd not succeeds He thea
aoimatrd me, by telling me that there were no
fear of its succeeding ; and that I should out
be discouraged, for there was a great mao, a
man of wit ami conduct, thai was at the helnsi
and that had the management of the vcheme :
That 1 ahoulil always keep a good heart ; aod
that ihintrs went cui very well.
Mr. Wnt, Did he tell you in whose favour
this was to be?
L^nch< Yet» in favour of the Prelauder.
Ue atotifiifil him by tb<^ nam* ol'kiug.
i
16:]
9 GEORGE L
Serj. Cheshire, Do you know any thiogf
about his going into the country ?
Ljunch. After 1 met biro at his house, be
went into the country and staid sixteen or
■erenteen days; at his return 1 went to see
him, expressinijf how uneasy 1 was at the delay.
8eij. Fengeliy. About what time was thisr
anch. 1 believe it was in July. And then
1 him apfain how uneasy I was at the
delay. To which he answered, Keep a good
heart, all thinp go on very well.
Serj. Cheshire. Had you any apprehensions
that all was to be done at home, or that you
was to have any foreign assistance ?
Lynch. In my discourse to him of the un-
easiness I was under at the delay, I asked him
if be had any promise of any succour from any
poiver abroad r He told me, if we once made a
beginning, we should not want them : But did
insinuate, that we should not want encourage*
neot from the court of France.
Att. Gen. When yon expressed your unea-
siness at the delay, what did he say to encou-
r^reyouP
Lynch, The reason he told me was, that
things went on very well, and would very aoon
be put in execution.
Ati. Gen. In what manner did you express
your uneasiness?
Lynch. Nothing, but that I was iraeaiy, and
I was afraid that things did go wroncT*
Sol, Gen. What did you say ? Did you say
any thing relating to your own circumstances ?
Lynch. In the beginning 1 told Dr. Mur-
phey, because it would be a long while, some
five or six weeks, before I was to be introduced
to BIr. Layer's company, that I came on my
own particular business, and my circumstances
would not permit me to be loo^ here at my
own expence. At the meeting with Mr. I^J^Fy
when 1 first made this complaint to him, Mr.
Layer told me 1 should not want for a small
matter to maintain me in England. Accord -
higly Mr. Layer gave me some money.
Att, Gen. Do you remember how much
that was?
Lynch. I eannot remember.
^Att. Gen. Did he give you money at any
other time?
Lynch. Mr. Layer gave me some money
the first time, and afterwards he sent me some
money by Dr. Murpliey.
Sery. Pengelly. Did he give you any money
at any otiier time ?
Lynch, Yes ; the last time I was with him I
had more.
Att. Gen. How mangr times had yon money
of him? — Lynch. Five or six times.
Alt. Gen. Do you know what the sums did
amount tu together?
Lynch. 1 cannot recollect; but I believe
about eight or ten guineas.
Att. Gen. What waa it given you for ?
Lynch. To keep me in England, and to assist
in the intended desiirn of a revolution.
Beti. Pengelly. AAer y»u went to him* upon
bis return out of the joooidryi do ysu iiliMn*
[168
iie.l
iieRs at the deia j ; «pw
n^e, giving ne la lMp»
very well, and onrdcMfa
Trial of ChrisiojAer Layer ^
ber the discourse that
then?
Lynch. Yes : Afler I came to Ua I
expresKpd my nneasiness
wnich he encouraged ii\e,
that things went on very \
would effectually take place.
Serj. Pengelly. Did you ask hUn way fltmg
about the army ?
Lynch, I asked him if he' had Miy wmm.*
ragement from the guards and the army? il«-
tora me, yes, he hiul ; that a grsftt maay if
the officers would not engsge themaelv«B.MW,
being well paid ; but he said he had apokc wilk
several <ifficers of the guards, who had aHNrad
him, that most of the common aoldim svooMv
come in, as soon as we had made a begianmg.
Serj. Pengelfy. Did be mention any thiagof
the time?
L. C. J. When yon asked him if ha bad may
encouragement from the army, what did m
say?
Lynch. He told roe, that be liad eneoaragv*
ment from many of the utficera of the mrayj
that he had discoursed with several aeijnmtaaf
the guards, who told him that the maww
aoldiers would be glad, after tbey had made a
be^nning, to come in to them.
L.C.J. Did be give you any reason for this?
Lynch. Mr. Layer told me, the i
told him so before they were encamp
complained of their ill usage, and hard
from the Subaltern officers.
Serj. Pengelly. Was you aequamted wkh
any time or day that was fixed ?
Lynch. There was no fixed time : Mr.
Layer told me, it was to be on the rising of fAm
camp; because tfai«?y could not talk with tha
soldiers so well, while tbey were emsamped, at
they could afterwards, when they were in thaiv
quarters.
Serj. CAetAire. Was there any conaokataoa
of viewing any one's bouse ?
Lynch. Afterwards in disooorsa he toM m&i
that it was fit to go and view the earl of C
gan's boose. In case it was necessary lo
the said lord in his house.
Serj. Cheshire, Where is his house ?
l^ch. in Piccadilly. "Accordingly w
pointed a day tu go ; and I came lo hia _
mgs, and we took coach, and away we weal ;
aiM talking to him about it, he told me, he wis
very well acquainted with my lord Cadogaii
and had some business with him, about an ea^
tate which his lordship was about buying: We
went to his bouse, but my lord Was not to be
spoke with, or was not within, I do not reoieiM"
ber which, but we were conducted into hia
house. We viewed the inner part of the home i
afterwards we went into the garden, we viewed
the lower part of the ganlen ; then we \
out in the yard, and took a view of the ave
round about the house. I do
exactly the time* but it was that day Ihsl «
soldier abouM have bean shot in Hyde Pttk.
Seq. CAeiAirs: HadyweDy "
theftiiihisiiMsgiif:. r
^/»>r High Treason*
fy^k, Vir^, llmt it was enj^j tn be done ; if
lit nil but M>tne res4)Uite gfeiitlcnien to Biaod
k§ nil theAi it Wfts very teasibleto bt don«.
Sn^ Ckukire, H«d you any Ulk at tliat
itt» nMmm 10 the Toyer ?
- J^raci. Be told roc, the Toiver would be
■nedUlelv surrendered to the party ; on the
#y t^ jiiol was to be put in exe^^utionf a
OflBB offieer of the guaids wuuld take ujmn
Im In Oioucil the j^uordfi ibcre, who woiilJ
faliilHi tlie d«li?ery of the Toiver to ihem.
SviCli^tre. Was there auy talk of the
fwrt Ve«, af\ertrards : He said there
iwbeoo tloubtof the Mint ; thev would l»e
fMlt Iftlce lite opportuciiy to shake off their
mkmmtnl* And that they would put arms
hm llMnr bands, according as tbey repaired to
i(t* 6reii. When did you see the prisoner
MtiHer Ibe time that )Oci speak of viewing
■t M Cado^n's house T
jLpwJk. 1 aaw htm at his own house, and at
miaX Mvems in the city ; and once he wrote
a lie, ^Icstriog me to rome to hiit lm1|^in«: ; ac*
Mtiiagly 1 went, and when J came to his
t«ne« 1 met witii a Httle paper that was tePt
Ibrme, directing' tne to go to the t^ueeu's-hend
Hiertim GreatU^it^en-streetnear LincoUi's-iun-
and to enquire ttiere for one Mr. Wilson ;
I did, and t Ha9 conducted into a room
ibe f&aid Mr. Wilson was, with Mr.
Layer and another man, who seeiuertf by his
^•tiaeB^ to be a Serjeant of the guards. I do
•al bMiiv the man.
AliG€9. What passed then?
XjnadL We stuid a Uule while there, we
lalkrit CTver the buKiuess, and drank good sue*
eoB i« the eolerprize.
Sierj Che$Atrt, Your lordship wit I please to
notice^ thai when he vrent to Mr. Layer*»
|iH|png>, lie fbiind a letter there, directing;' hiui
I •» g« to the Ctueen'S'hi'ad tavern, and enquire
j Ibr wie Wdxon; that when he came there,
I Wl^an woa there, and M\\ Layer, and ano-
ih/n ntati.
i*eiv Vewnflltf. What passed at that time?
L-. 'lioif material.
4t: \uii tiiikeU about driokiugf good
■tyrw Ai» ibe enter prize : Who drank that f
I L^th^ We all drank that.
^B- Aii, (Jen. Did the prisoner at the bar drink it?
^^m Ly9fh* Yet, he did. I toUl the pn!»oner^
^VttkM he went out, that 1 was mighty ixn-
H m^ u the delay of this affair. He told
" •!» I ii*ed not be uneasy, for every thiopr
well ; and they had a nobleinan at
who had authority from the Pre-
', mid wouhl lose do opportunity when a
it tfliie otfereil.
Herj* Pen^etli/, What did be call the Pre-
Ij^ck. He called him the king. 1 was
t It Ibc delay, for fear of being dtscovered.
L,'C. J* What rcafioo did h« give you,
mky yfiu sboiild not be uneasy ?
Ijfmtk* Because their dasi^^ ware quiekly
A.aiPi^ [170
to be put in executirjii ; and ther* was a noble-
man at the hehn who would put the desiq^ii iu
execution^ as Imving full power and authority
from the king to act as he thought proper.
X. C\ X Did you ask who that nobleman
was?
Xj^nrA. Yes ; hut be never told me his name,
butsaid, thit I flhonhl, in a proper time, he pre-
sented to hin>, and receive my commission and
orders from him to seize my loi-d Cadogao.
Serj. Pcngcllif. My lord, we shall now gra-
tify the priHoner's couhael, with an account of
what happei»ed in Essex ; I hope they will not
be impatient to hrar that : Therefore, pray,
ac^uuiiit my bird nud the jury, when you went
out of town with Mr. Lnyer?
Lj/nc/i. My lord, I was at Mr Layer's hous«
the dav when the bishop of Rochester was
sent to the Tower ; he asked me, if I would
ride abroad with tiim the next dav to take tlie
air; 1 consented to it, and came tbe next morn-'
ing to his house ; and Mr. Layer asked me if I
mounted h ith furniture : 1 told hiui no ; but
that 1 had a double hHrrel fowling piece, which
if his serf ant would carry would do as well.
He then desired me to go and stay for him
without Aldiii^atc, and gel my gun ready loaden^
for he had that about nim which he would not
lose for auy thing in the world. 1 weut and
staid till about ten or eleven o'clock, when Mr.
Layer niPi me, and ^ave the gun to bis str*
vant to carry. On the road he told me, we
were going to my lord North and Grey's, whom
he was very well acquainted with, aud that he
would rccotnmc-nd me to him as a friend of his*
When we got to tlie Green-Man, he told me,
we had better go in and tline there, liecause
dinner-time would he over before we could get
to my lord North and Grey *8. Whilst dinner
was getting reaily, we had .several discourses
on the same subject, of the uneasiness of tht
natioo, and its inchnatiun to a revolution^ and
how to bring it about - upon which he pulled
3l paper out of j^is pocket, and gave it me to
read the latter part of it.
Scrrj. FengiU}f. Can you remember what it
coiitained ?
l.tfHch. I liememher some lines of it ; which
was, in general, to invite the nation tn an in-
surrection, aud to shake ofl* the calamities and
miseries they endured under the present minii*
try. And it was mentiiined in the said (lapery
that the earl of Ciidogan was actually in their
custody; thpreby encouriiging the army to re*
volt, with an o^ltr of three guineas to every
horseman aod siirjcant, and two guineas to
every corporal, and one guinea In every com-
mon solflier, to be paid immediately on their
joinittg the party, and a promise of farther pre-
ferment.
Att Ci'fi. Did you read this?
Lynch, 1 did, out of the paper in Mr. Layer'*
hand.
An, Gen. Doyou know whose band -writing
it was ?
Lynch, .\ccordingfo ourdiKOurtf, Itbougbl
it might be bis writing.
1
i
I
I
1711 0 GEORGE I.
L. C. J. Bill he profluced it ?*
I^nek. Ym, my lord, he produced it.
L. C. J. You Mj yon inia^^ine, from
discoume between you, thftt it was his hand-
wntini( ; wimt ret^on wa^ there id all liis dit-
coune, thit induced vou to think to?
' L^nck. He Ulkerlot' it ss being of bis own
miking; beftides, there were several interlinea-
tiPM, dathing;9-out, and intirlineations after-
wardn. He wan very well fati^fietl and easy
■• to me, and mid, be could wish that he could
Mng matten abont so, as that I could have
the sole direction of seizinir "ome of the minia-
try, and naroelv, my lord Towoahcnd, my lord
Carteret, and Mr. Walpole.
Att.Gen. Was there any diicoursa about
Misiu^ the king ?
Lynch. He aoid, when the detifpi was put
in execution, the army would declare in their
favour, and thry would send a strong guard to
lake care of the king's person.
Att. Gen. How to take care of the king's
person ? What was you to do P
l^ch. Nothing out to secure the king's
person ; by what lie told me, it was for the
public good of the kingdom ; that they did
not mean, nor had they any design on the
king's person, but only to keep him insecurity
from any insult
Att. (ten. What more passed at that time ?
J^nch, Nothing more in particular.
Att. Gen. Had you any talk relating to the
arany P
I^nek. I said before what related to the
army.
Herj. Pengeliy, Was there any discourse
tbout a scheme or plan ?
L^nch. He told lue there was a scheme laid
rni that foot, of which I told you the first step
was to seize the earl of Cadogan, and then,
aoconling as the army came over, to take care
nnd seize the king's person ; and he thought
the proper time to put this in execution, would
be at the rising of llie camp in Hyde- PSrk.
8erj. Pengelly. Was there any objection to
be made to this T
Lynch. No; I made no objpctk>n, only
Ihcwcd my uneasiness at the long delay.
Sen. Pengelly. When you so expressed yoor
aneasiness, what di<l he say P
I^nch. He told me, if I could think or pro*
rany thing more proper, that I should do
AfWr that we rode towani Bpping, and
weut to my lord North and Grey's ; and there
Mr. I^yrr introduced me as his friend. We
•laid there all night, and dined there the next
day. In the evening vre came away, in com-
pany with another gentleman that I did not
know; but we talk«l on the road about the
* As to the admiiCMbility of this parole testi-
mont of the contents of writing, see in Leach,
the t'asc of the King against Aicfcles, Old
U^ilev, January 1784, anilthoae of Le Bler-
rhan«i, I>ecember 177S, in Scac. and of Cosin*
QfftlMi. OU Bttley. September 1784, wbich
Mr. LMcb caiM in A Nm to Rtf V. "^*
Trial of Chrititffher Layer,
[178
siioation of my lord's hoose ; and Air. Layer
told Die be bad recommended me to his kicd-
ship as his partkalarfriendy and asked me bow
I liked him.
Serj. Pengelly, Did he ask yoo any qoes*
tionsi* Do you remember what he called his
lonlship ?
Lynch, I do not remember any other naoM
but loj lord.
8er|. PtngcUy. When be asked year api-
nion of him, and how yon liked bio, didna
describe him in any oUier manner, or aniy
called him my lord ?
Lynch. He only called him my lord NaiA
and Grey ; he only asked me how I Uked my
lord North and Grey.
Serj. PengtUy. Liked his kirdsbip, for what?
Lynch, That was all.
Mr. Reeve. Had you any talk with bim
abont the person that was to have the chief
command ?
Lynch. Yes; but he never named tba
person.
Mr. Wett. Had yon nerer any discooraa
who was to command the party that was tn
seize my lord Cadogan P
Lynch. I waste command that partj.
Mr. Wat. Was you any other time at BJ
lord North and Grey's ?
Lynch. Yes; another time I went to my
k>rd*^ North and Grev's, where 1 found Mr.
Layer, and expresred to Mr. Layer the naaa--
siness J was in at the long delay, and that 1 was
afraid onr hopes would vanish ; and toM hin.
if things were not soon put in executiooi I
would withdraw myself. Mr. Layer bid na
not to be uneasy, things roi^ht perhaps Is
sooner put in execution than I imagined.
Mr. West. Where was thisP
Lynch. At Epping, at my lord North and
Grej's.
Mr. Wett. Did yon oome home together f
Lynch. No ; I came home that night : Mr.
Layer remained there.
Serj. PengtUy. Did yon sea him some time
afterwards P '
Lynch. I met him at his own honse, where
I expressing my uneasiness as foroM^y, ha
said, I should not be uneasy, for things waaM
soon take effect ; and bid me get myself ready
to execute my design ; becanse they had notiea
the camp would soon break np, which waa tha
time designed to put things in executkm. And
at another time he told me, that the declaration
which be had shewn me at the Green Man,
had mentioned no particular peiwns, but In
general the safety and public good of the
kingilom ; there was nothmg mentioned of tha
Pretender in it, but that he had thought fit la
put it now in the Pretender's name.
Serj. Pengelly. Who was you to reeeifn
your particular orders from, for the ezecating
yoiir design P
Lynch. From that nobleman, who was In
act as general in this aHair. '
Sen. Pengelly. Did yon nercr hear
Mr. Layir who ibai was r
Jbr High TreasoH* ^l
^fmch* Kit ; I ilonH i^ecollect \\e ivas ever
MM hy Mr« LMrer ; Ua told me, ifml tlie
MwKliiiii wJks ftUerwftrds put to the nnone of
itfyiMder.
9m, Pemgciiy, Wbat was it lie recom-
mmim yom to my lord North anc) Grey for?
ifmtM, lie rcc commended lue to hiui aa otie
tf lis fMfticulikr Jiteiulj,
Scij. Pengciiy, What discourse had yoii at
We talk^ iorlifferently ; we dis-
\wMhuif^ of til e revolution at that time :
e tie bad girtn tlie dtwlaratjoQ to a
miniater to ^t printod, aud had
^10 guineas for that purpose,
Crcm. Was you acqyaiDteil before with
i NeKb and Grey ?
No ; be introduced me as one of his
htjJ[ire> Did you koow when Blr.
I QTkl taken up ? — hynck. Yet},
. Chahire, Iloir long before that bad
m with him f
i^zk* 1 cannot recollect the time. I 6rst
tfTiiiie ac«)u«inted with Mr. Layer abuut June,
iimtj, C^ishire. H'htit passed the last time
%apit «r«a w'ab him, belbre he was taken up ?
If M there any particular conference between
y9tkf
J^fmeA, I told you about tbe declaration^ ami
iDy uoea»inefl9« aod that he tuld me
I wiMild succeed sooner than I thought for.
. CheUure* When you exprested your
~- — did he use any vehemence o< ex*
i to what part he would act ?
X^nth, He told me seT«^ral times, when I
mmM «• irresolute and uneasy, saith be^ don't
^■t ^ iioeasy ; rather than all should fail, I
wilt siir tip and be a second Mn^Ninello.
ilr. If etf. Had you any conversation about
Iheiakirt^ up of any person ?
htftuA, He only told me at that time, that
if the nobleman at the bead of affaire should
be Uken up, every thin^ wouhl be (]ua«hed.
IJerj, /V/T£f/(v. That nobleuran was not
iMLfO yp at ttmt time then ?
Jjfmdi^ No.
hlety Pen^tfly* What recommendation bad
j&m to my lord Noith aod Grey ?
t^mck' tliily as a friend of i!hlr* Layer 'a^ to
|eia awm\^ tl^c time iu summer,
Mr -V</. I presume they have done
%ilfc w ^ evideuee, which ihey intend,
d mk\ nv^itfict in the couirty ol' iSssex ; if
ii^ baie^, I would cmve tbe liberty m ob*
^m^ Ftn^eli^. We liave not done ; if yon
«ny tbmjf lo ob:»erve, it must be when we
fTOike ihrou|^h our evidence.
JL C. J. U'hen they have given all their
ce, tlu'ii will be your projier time to
lo the evidence, and lo shew whether
i& cnmpfteiU or no.
Mr. Hun^crjord. I do not press to make any
rks upon their whole evidence; but if
kave uivcn all the evidence ibey intend tf>
ife of any ^erl-act in Essex, for oo that
A. D. 172f.
[174
depends the fate of this gentleman at the bar,
1 hope we are now (before they shall be per*
m it ted to give evidence ot any farther overt-
act of treason in sinother cojiniy) at hbeiiy lo
oljject, that tbe transaction in Ezi^ex is nut aA
overt-act at ail of the high-treasou laid in this
Indictment.
SoL Gen, We ba? e not done : when we
have given our evidence then it will be proper
for them to make their objections to the whole.
Mr. UungcrjWd, i humbly otfer it to yimr
lordshipV consideration, whether it is ri|»h|
and proper to go on in such a method, and t<»
take up tbe time of tlie Court, when tbe ^^w*
tlemen on tbe other side say, tbey have duno
with giving evidence as to any overt-act in the
county of "Essex.
$oL Gen, No ; we have not done with that
evidence.
Mr, Ketclhty, I don't know whether your
lordship will indulge us to ask tbe witness «
question or two now.
L, C. J, Propose your quest! onst ^nd wo
will tell you,
Mi\ Keteibey. Whether be bath any ofifer of
pardon proposed to him to induce hint lo ffivo
evideotoe against the prisoner at the bar ; which
if be bath, we apprehend^ will invalidate hia
eFidencc.
LyucL No, Sir ; I have no promise of
parduD at all : i only do this out of justice, to
make what reparation 1 can, and to aave the
blood of many people.
Mr. Keteibey, I be^ leave to ask htm a feir
more ques lions. I thmk you say the Grst timf
you were introduced into this gentleman's
company, the prisoner at tbe bar was at tbe
Griffin- tavern iu Uolborn, and that be then
told you he bad great desig-ns in band; and
that 'there was an insurrection designed, and
they wanted a person of resolution to seine &
general : this, you say, wa^ the fir^t time thai
ever you saw the prisoner at the bar* How
came you to have toat share of confidence in m
man that you never saw before c*
Lynch* I told you 1 was iu discourse witlt
Dr. Murpbey a g:reat many days and weeks
before 1 saw Mr. Layers I told you how
every day I i^a^v him, and always discuursed
about the insurrectioUf aud how he told me
then, that be would recommend me lo a man
tlial had the mana<sremeut of the greatest part
in this affair ; and 1 asked every day when f
fih^uld be introduced to him : he told me, the
time was not come yet; but when it was a
proper time, he would introduce me,
Mr. KcUibet/. I think you jfive that for a
reason, why you bad that contideoce in biui,
because you bad been recommended by one
Dr. Murpliey. How came you tri have that
mio^hly dependance on Dr Murpbey ?
L\/itch. Because Dr. Murpbey and I bad
been accpiainted several years ago.
Mr. Ktielbfjf, I hope you waa not in thy
wicked design with Dr. Murpbey, and §6
much acquainted, as to recommend you in •
case of treason*
175]
9 GEOKGE t
Lynch, There was a oomiaoD ffieodship
between at.
Mr. Ketdkey, How came be to trott jou ?
Would yoa have trusted him in a bosiness of
treasoar
Lynch. We have been concerned io aflairs
togfrtber.
Mr. Kettlkey. How long was yon al the
Green Man wiih Mr. Layer ?
Lwk, 1 cannot say exactly the time.
Mr. Keteibey. I don*t ask yoi^ exactly to a
minute or two ; but was yon there an'honr,
or two, or three hours ?
Lym€h, I cannot say whether we were there
an hour or two ; but we had something dressed
lor dinner, and the matter was discoursed of by
us before dinner.
Mr. Ketelbey, When yon first alighted from
your horses, what room was yon shewn into?
Lynch. We were shewn into a room op one
pair of stairs on the right hand, the first room.
3Ir. KeUlbey. Was it towards the street or
backwards?
Lynch. It looked into the common road.
Mr. Keulbey. Did you look out of the
window and see a person of vonr acquaintance ?
Lynch. I saw two gentlemen, but dkl not
know them.
Mr. Ketelbey. Did you not look out of the
window, and say, you saw a gentleman of your
acquaintance f
Lynch. I said I saw two gentlemen that I
thou^t I had seen before.
Mr. Keieibey. Did not you go down to those
gentlemen?
Lynch. No, I did not go down to them.
M r. Ketelbey. Did not you go down to them ?
Lynch. No. %
Mr. Keielbew. Did not you sav so to Mr.
Layer, in the Jrawer's presence P — t^nch. No.
PriMmer, Did you not' tell me that those
gentlemen were your acquaintance?
Lynch. I told you those two gentlemen I
had seen before.
Prisoner. How lonff were we together at the
Green Man ? Were the horses put up, or cwt ?
XryncA. I cannot tell.
Frmmer. Was there any thing dressed for
our dinner but a beef-steak ?
Lynch. No, nothing else.
Prisoner. Did not you go down stairs, pre-
tending ?ou went to those geutlemen ?
L^nch. No, I did not tell you I went to
those gentlemen.
Prisoner. Did you not «*o downstairs?
Lynch. Yes, I did, and came up again
immediately.
Prisoner. Was noi dinner on table when you
came up again?
Lynch. I went down twice before dioner.
Prisoner. Then you must consequently le^re
mein the room.
lAinch. I went down to make water.
, Priaomer, What did yon go down the second
^~i for?
ymek. Outof
^yt'wsi.. How long did you staj
Trial of Cairutcpher Layer, ^ [170
Lynch. Not both times above two minotea.
Prisoner. 1 was then aloae, when you went
down?~LyncA. Yes.
Prisoner. Was this discourse before or uAer
dinner?
Lynch. It was before dinner.
Prisoner. When yon came up the second
time, w as not dinner on the table ?
Lynch. It waa come np.
Prisoner. And yet the discourse we had was
before dinner?
Lynch. Yes« it was before dinner.
Prisoner. How mudrtime might we spend
before dinner, half an hour or an hour ?
Lynch. ] do not remember, but it waaa good
Prisoner. Was not thfe double barrel gun in
the room?
Lynch. 1 do not knbw whether it waa there,
or whether your servant had it. «
Prisoner, At the time of dinner was mj ser*
vant, or drawer, in the room ?
Lynch. Neither of them was in the mom.
Prisoner. You say we were a good i»hi!e»
you and 1, alone ; pray, bow long?
Sfnch. I cannot say positively how long,
r. Hungetford. Have yon any copy of
that part of the paper he gave you to rend, and
whicn you read ? — Lynch. No.
Mr. uungaford. Was the whole of it of any
jnch. To the best of my remembrance it
was'a oomoion sheet of psper*.
Mr. Uungcfford. Did yon read the whole F
Lynch. No ; he doubled it down^aBd gave
me the latter put of it to read.*
Mr. KeUibey. Some things yon seem to re*
member, and some thiogs you do not ra>
member: was it printed, or written ?
LmcH. It was written.
Mr. Ketelbey. Did he not mention it to be
the prince of Orange's declaration ?
iynch. No, he did not.
prisoner. Was not the paper blotted ? '
Lynch. lu that I saw there were two or three
places iotcrliued.
Mr. Hungerf'ord. My lord, I thiidc the gen-
tlemen did say they had not done with their
evidence, with relation to an overt- act in Essex ;
if they have not, thev will do well to go on no\« :
but we hope they shall not go into overt- acts
committe<l io any other county, till they make
the whole of their proolii of an overt- act in
Essex.
L. C. J. You have been told, thet shouUl
proceed in their own method, aud wiien they
have done, you may make wliat observatiottS
may be of service to votir client
Mr. Hungcrj\»rd. delations offset arisinfr in
another couuty, which have no reUtion to the
fact arising in E^tex, we hope tliry shall not
go into, to amuse or captivate the jury, llw
court and the auditory.
L. C. J. Sure never any thing waa like this!
• See Attorney General v. Le Merchant. « T.
Rep. ^00.
IT7J ' Jhf High Treason.
^ UkmM" pr^iftce to give directions, anil we
' Ibnik it not proper to interrupt ibe kind's «oun-
irf» but ihst they should jiroceed in their owo
Mbod : you shull be heard as long' as yon
lietse^ whin yoo come to mmke your observa-
StL Gem, The prisoner bath a right to say
mf Mai^ tlial is proper lo the court aiir) tbe
jvjr.ift m« «leftff>cc, but he must s«y it openly ;
te IS iMt ta talk prJTaiely with tbe jury ;
llmfk I •m sure they are genii em en of so
pHi vortti titid lionour as not to l»e influenced.
4ir* Om. I dare say the jury will not Ut*in-
1 ; but be tslks rif his con rise) so loiid^ that
A« JBry may easily bear every word he says,
h C,J. He mUHi not ^penk no hiuL
dt$* Oen. 1 just no^v bf-nrd biin say. It was
Itnmgb %i» fs*> on wilb <^tiden('e that vvould not
kftatW purpose, I lieHrd him, as I E^tbere;
kltaM fieny it if he cau.
LC J I b*»pe you will not offer any thing
afllMkio4l« Mr, Layer: you have a'riifht to
^mmurmB with your couusd, IhiI you must do
ilia •neb m manner at ibe jury may not tiear.
Mr. Hun^aj'ord. Indeed, ray Inrd, be iliall
kt9p no •ocvirragefnent from u» tor any such
Matthew Flunkett sworn.
6lf|, Chetk, Tell my lord and tbe jury, whe-
tfwr Ifoti kof>w I he pririoner at the hnr,
pfmmkAi. Yt«, I do know bim.
8ir|. C^^ Win you tell my lord and the
jury upon what account and by whose meaosi
y%Hi fir^l became acquamled ?
i*tunkfii. One majiir Barn e well brought me
firai aCi^uamted with Mr. Layer; he had an
eatioo in his house in Great Queen i^lreet,
tliw m^jor Uarnewell eume to me, and de*
i»c to g-et a couple of grenadiers. I
lit him two; we went to Mr. Laver^s
, moct his clefk let us in at the hack door,
«i4tlie grmattien turneil the officers out, and
Mr. Uayer gate them a crowji^ aud a glaj»B ul'
IWrj. Ch€%h. Wheo was this?
Pimnkttt* Ab Dear as I can g^uess, it is going
OQgf^Ye years,
8rrf. Cheih, Tell my lord and the jury what
mmMh to this last year yoa renewed the ac-
fmtfimncje^ and who brougUt yon to him P
^hgmkUt. The next acquaintance 1 had al^
l»«m!t^ was by major Barnewell, who was
■>iiani» and he sent mc with a letter tu bis
Imt, t«^ ftc»ire him to rehevehim..
$m}. Chfih. Do you know any thing of one
lm» Piunkeuf
%keit. Yes -, he came lo me from Mr.
July last, to desire me lo m*'«t him ;
this counsellor Layer and this James
Ploiikvtt came acquamtr^d I do not know.
Seij. C^cfA. What was he f
Fiiitkeii, I don't know what he is; htsia
MiuiliWil «rfth Mr, Laver.
9tf}r ChaL What pnifession is heof ?
Ptmnkeii. I doaH know ; nor how he hfm,
m C^la his bread.
VOL. XVL
A,D. 1722. [178
L, C. X Go on.
Flunkett, Mr, Layer paid the charges for
major Barnewcll, and' brought him out of lh«
MarJibalsea.
Mr. Ree^e, liow long was this ago?
Flunkett, To the best of my knowledge
four years ago.
Mr. R€€V€* He ta giving an account how he
came to be acquainted with Mr. Layer; the
first lime was upon the account of rescuing
Mr. Layer's goods; the other time was by Mr,
Layer's retleeming major Barnewell out of the
Marshalst a, and paying his dtbt t Give an ac-
count bow you came last acquainteil wilh bim.
Fhtnkrit. 1 being at home, in my owu
room
Mr, Ji^^pe, How long ago f
Flunkett, I beheve, as near as I can guei%
it was last July.
Mr. Reeve. Gife an account of what hap-
peneti Ihen.
Flunkett, Now this Jamea Plunk ett came
into my ronm, ^t dowu, and be a^ked me how
1 did, and said, he was glad to see me ; and be
asked me, are you nut well acquainted in the
army ? Yes, saith I, 1 kuuw a great many in
tbe army, both officers and common soldiers*
Doyou know, sailh he, any of the Serjeants of
the guards? i know some of them, said l«
He brought me out of the room» becauise my
wife was there, and then he opened his mind
to me : Saith he, do you know one Mr, Layer *
(I hid forgoi ihe gentleman, being ao slightly
acquainted nil h hmi ;) No, saith 1, I don't
know iiim. No matter, sniib be, 1 have ap-
pointed a place tor you to oieet lilm at, at the
Italian coffee house in Uoi^e^ court; and at
tbe end of lifts, Mr. Plunkett ajtked me to keep
corresponilence with thena for the Frelender*a
service. 1 did not.gtt to tbe Italian coflTee-
boDsei not being in a proper static n, nor having
money for that purpo^^ i So I did not think
proper to go to the Italinn coffee-house ; but
tlie Sunday following I went to Si, Andrew^a
church, and meeting with some friends, ihey
told me Dfr Sacheverel preached there ; and so
they decoyed me to go aud hear fiint preach
there. Whea service was over, to the b*M of
my knowledge, as I was going home, between
itiVlfe and one o'clock, I met ^Ir. Layei* acci-
denlallv in Liucotn^8-inn>fictd» ; Mr* I^yer
he looKed at me, be was really a perfect
stranger to me, lor J did not know hitti again ;
saith he, is not your name Piujiketl f V«>
satih L Was there not one with yon, the other
niirht, one James Plunkett? Yes, !::iir, aaya K
Where did he desire you to goT said he. I
answered, be desired me to go to the Jtaltan
cofTee^ house in Hussel-court. Saith he, it is
well enough : Do you not know the ? No, saith
L you have the advantage of me ; I ask your
pardoo, for 1 don't remember you, l5on*t
you remember one Layer ? said he. Thea I
called to mind that 1 knew the gentleman.
Salih he^ will you walk on this side? 1 walked
buck again towards Little Tarn -Stile, and we
struck up the wall'tide, aad juat as wt can*
N
i
179J
9 GEORGE I.
Trial of Christopher Layer,
[180
uniler a great coach-house g^te-way, we went
in, and in the g^te-way he talked to roe ; saith
he, 1 am told that you are a very honest man,
and well affected so and so.
Mr. Afeve. Well-affected, to whom ?
Plunkett, Well-affected as to the business
of the Pretender. At the same time we had
this talk, he bid me not mention it to James
Pluiikett, that I had seen him : Then he asked
roe if I knew any of the Serjeants in the guards;
for, saith he, f want such old soldiers as you
are yourself, that could discipline a mob, for
we hare other men enouf^h amonfirst us ; but if
we could get some old soldiers, if that could be
managed, tliey wonid be iinel3f rewarded.
But, Sir, saith I, the Pretender is a Papist.
8aith he, what difference is there between a
Papist king, and a Lutheran king?
Mr. Reeve, Hejiaid he wante«T such old sol-
diers as you ; for what ?
Plunkett, He wanted them to discipline a
mob, and to put them in order. Then we
bc^n to reason about the Pretender; why,
saiih he, we had as good have a Papist for our
king as a Lutheran.
Seij. Cheshire. What did you object?
Plunkett, I said be was a Papist. Bajrs he,
we had as good bare a Papist tor our king, as
to have a Lutheran, I don't know what dif-
ference there is ; but as it was, the nation was
enslaved, and the people were obliged to be
slaves. I asked him. Sir, who is the promoter
of this, that may join us f You see, says he,
what iujustice is done to yon, you have served
abroad, and others are nut over your head ;
you have had and founa great hardships. I
Aflked him who promotcxi this? He said, the
lord North and Grey. Says I, he is a peer of
the realm. Saith he, he is a 6ne general.
And tl e earl of Strafford he mentioned.
Mr. Reeve. Who did hcsay was a fine ge-
neral?
Ptun, He said my loni North and Grey was
a fine general ; and asked me what 1 thought
of him? I said, I had never been under nis
command, but I looked u|K)n bim' to be a grest
man, and one of tlie peers of the land. And
then he meDtione<l my loni Strafford, what do
you tbink of bim ? To which I made the like-
an<:wer. And what do you think of general
Primrose ? I said, I had lately seen lim at
Chelsea, passing by in his coach, but that he
was an old man ; however, Mr. Layer said he
was a brave general. Then he asked me what
I thoiicrht of general Webb ? I said 1 bad beard
of his fame.
Serj. Feng. When he had said my lord
North and Grey was a fine general, and when
you asked who promoted it, whether did Mr.
Lsyer tell you what their design was to do ?
When Mr. Layer asked you what do you tliink
of t!ii4 person and the other pfrson, what were
tliey to do ?—Plun. To raise a rebellion.
Serj. Peng. Was that talked of that ikutt
Ptun. Not at that time.
L. C. J. You say he wantml such cJd Ml'
difcn;aayoa; forwhatpurpoM? Ya!i.i^>|
wanted them to discipline a moh, and pat it io
order ? — Plun. Yes, my lord.
L, C. J. Did he tell you how many he
wanted ? *
Plun, No; he did not say how many.
Serj. Chr.$h. War: there any thing said about
their names at that time ?
Plun. Mr. Layer would have roe take a list
of their names, and to enrol them, that tbey
might know where they lodged, and where
they quartered ; that so when he wanted tbcBi
he might send for them to be in readiness.
Serj. Cheth, Was there any number he etked
you the names of?
Plun. I said, 1 knew a great many, and that
I could get 25. Saith he, you ought to have a
list of their names, where they lodge, thai tbey
may be in readiness for a call : and aaith be.
This would have gone on some time -ago, only
somebody made discovery of it to the French
ambassador, and he wrote to the regent, end so
it was dbcovered to the king : and saith be^
The duke of Onnond was to come in one ship,
and general Dillon in another, and thev would
bring their numbers with them ; and then I
should see that the army would not oppose
them. And when I parted from bim, be gave
me half a crown to drink.
Serj. Chesh. What was that to do?
Plun. It was to encourage me. And he
said he would send a messenger to me ; and in
a day or two afterwards there came a mes-
senger from him : 1 was not at home, but be
spoke with my- wife.
Serj. Chesh. Who was that?
Plun. The nn-juring minister.
Att. Gen. What was his name ?
P/un. tl is name was Jeffreys.
- Att. Gen. You say, you was not at bomf
the first time ; did he come again ?
Plun. Yes.
Att. Gen. How long alUr?
Plun. A matter of fi^e or six days after.
Att. Gen. Did you see him ?
Plun. Yes, I saw him.
Att, Gen. What passed between you ?
Plun. He asked roe if 1 knew Mr. Layer?
I told him I did. He then carried me to the
Castle tavern in Drury-lane, where we drank
two pints of wine, which he paid for ; after tlie
non-juring parson toUl me he came from Layer,
who gave his service, and told roe that he was
eroployed by Mr. Layer to go to such as I was,
who were old seijeants, to get a parcel tofifether
to discipline citizens, and other mob in the
country.
Att. Gen. What farther passed between yon
and Mr. Jeffreys ?
Mr. Ketelbey. 1 beg leave to object to that
question. i
Att. Gen. If I do not bring it home to Mr- - ^
Layer, it will signify notfting. •*
L C. J. Mr. Kfitelb-«n yon know
many timea in i
tionml
f(^ High Treason^
Mr. Hmmgefford* It 19 a con^ant rule, if a
■ui spemki of A third persoD-s traiisacttons, h
iitenredas DoihiD^f qdi) comtnoiily stuji|ieil
torn hmg gfiven in eviitence.
L,(X J, If ihev be^ia right, tlipy will give
mitmce iti such ii methtHi as to he uudemtood :
hf ^edariti^ what passed bettvi-t?!! him mici
inndkMlf Uie evideoce may be the bttti^'r un-
Wf^Miticlbey, f do not doubt ynur tordsbip^s
^rectiOQ ntrht ; but I observe this, lest
the jury should not take it right,
C J* liet Uie evideuee be given in such
i may be imderstood ; what is m-
lf«e«
"for nothing', but it is in order ''there,
I the evidence,
Gm. What paased between you and
I'Juriog parson at the Castle tarern?
^hm* He talked to me of the same aubject,
* m>o to get men in readioeas; he tuld
rizmtl a great many places to gfo to be-
Willi this errand, and then we ported.
' lime he ciame to me, we went to im
^ to the C,ock and Bottle tn the Strand,
be gave rne half a ^liuea, and satdi
fclft a tokifo ; Mr. Layer bad sent it me to
gm ine encouraitement,
Sef}. P^ng, At that time that Air. Layer
m^ he wovdd aend a messeng^cr to you, did he
Hpotlktn any thini^ of money ?
I^B^ Flun, ftlr. Layer said he woqUI send money
^■p Ukm messenger to me,
|F^ JL. C X You say he tohJ you, that he would
"leini you nnoneyby the measeng^erf
Phin* He told me so.
X» C. X Afterwards you say, one came to
ywn wm from him, and encouragfed you, and
gmve joti half a i^uinea ?
Pl«ft< He did : 1 am upon my oath before
Ood Ami nuui,. 1 wUt say nothings hut the
8erj* Chrthire. 0id yop receif e any measn^
from JeflVeys to appoint a meeting with Mr.
La ver f
yimn* Some time after wnrds 1 met Mr.
Ijiyer ol eight uVlock, at the Castle tavern in
0ntry<taoe; there waa the landlord and Mr.
Wyef, who had two bottles of wine, and some
hread and cheese : he would have had me eat,
1m I tohl him 1 could not eat ; but I drank ot'
Ika wine. When be had discounted with me
itoat the alfair, to encouraj^e me he ^re me
Kixnto ; I went cross LincolnVino-tields, so
mat home.
Mr. W€tt, What did he gi?e yoo the crown
Pirn. To eocoarage me to list men for the
ftvtftider.
Mi, Gea. Had y^u any letter by the penny
P Ptrnm. That morning Mr. Layer was goinir
f liBioifolh» Flunkett told me Mr. Lover was
f out of iowu, atid would be «ria(i to ste
t wflQl to Mr. Layer, and hifii hories were
Mr ; he <lesired me to walk up t^opair
in Ibrwards, ami by the same token or-
I JibieiTaiit to charge his blunder busi in
the room. Saith Mr. Layer, I have given a
euinea to the nonjuring minister tn ijive you,
to do what service you can ; and ^vhen 1 am
abroad, YOU m&v 1^ ^nre I &hall nt»t he idle.
Mr. Reeve* XVas any proposal made to any
other person ?
Piu'i. I broujibt an old soli!ii?r, uho had
been in the service iiKuiy years.
Mr. JJffrc. What was 1ms nsme?
Pluft. .Iiihn Chili! ; I hroii«;bt bim, as think*
iog he mi^bt have l>eeu of service to them.
L, C. J What was it Mr. Layer said when
be w as goint;^ int«» the eouutry ?
Flun, He told me he would nut he idle
Serj* Pengell^. What did he df sire of you ?
Piun. He desirpf! me to see and get what
soldiers 1 could Uh bim : I came to the iton'
jurinw' minister, and told him I had got *25,
Then Mr. Layer askcil me, why I did not
bring a list of them, that he iiiit^btkncm' where
their biibitations were, and that ihey mi^ht he
in reatliness at ibe time. I disputed with Mr.
Layer what they wuutd do for nrins ? N*» fear
ofarms, satib he; arujs will he provided for
them. After he rettirrn^d tVom the country tt>
the towu, this Mr. Flunkell waa the lirsl mes-
senger that was sent lo me ; he came ^ind told
me Mr. Layer was come to town ; and tbia
non-juring parson sent me a letter by the penny '
post i Mr. Child vi3« in my room and read it ;
the contents were, ** Mr* Layer is come to
town* and would be very glai to see you : no
more, but your bumble servant, William Jef-
freys,'* By this 1 knew his name.
Att. Gen, By this letter be told yon Mr*
Layer would be glad to see you ; did you go
to bim ?
Ptun, Yes, 1 went to bim.
AtL Gen. Where? To his own house f
Ptun^ Yes, to his own house.
An. Gen. What pussed between ynu and
Mr. Layer at that time ?
Piun. 1 remember at that time, when 1
came to him, he gave me a guinea with his
own band.
Att, 0<*«. Who gave it you ?
Plunkelt, Mr. Layer, ait*?r be came from
the country, gave it roe, and 1 recommcuded
Mr, Child to bim.
Serj. Pen^eiiy. When you recommended
Mr. Child, what did Layer say ?
Plunkett. He said* he had no business fof
bim.
Serj. Pengelly, For what purpose was Child
recommended to Mr Layer ?
Plunkcit, T recommended him as an honest
man, as one that was well- affected as he de-
tired me.
Serj» Pengdly. Upon what account did you
recommend him?
Plunkcii. Upon the account to be a Pre-
tend er^s man.
Serj. Pcngelli/. Did you ever receive any
money to give to Child ?
Flunkitt. i received half-a-guJBC» from
Mr. Layer to give to Mr. Child*
i
j
183] STGEORGE I.
Serj. Pengeliy, For what purpose was it ?
Plunkett. ¥0T to eDconragpe bim in the ser-
vice, to be trusty to him, aad to be a Pretender's
man.
8erj. Fengclly, By what name did he call
the Pretender?
Plunkelt. He called bim the kin^.
SSerj. Peuoclfy. Had you any talk irith him
any other time?
Flunkett. The Sunday before he was taken
up I was with him, and he was talking and
^y'^^fSy ^^^ ^^^ ^^ ^^ Ado ft shooter as any
in Europe.
Serj. Pengeliy. Whom did he mean by the
kingr?
flunkett. Tlie Pretender, that lie was as
fine a shooter as any in Europe ; he shot 19
out of 90: 1 said, that was fine sbootingf.
Aft. Gen. Where was thiR dificourse ?
Flunkett. In his own parlour.
Att. Gen. Can you recollect any other dis-
course there was at that time, besides that of
shoiitinir ?
Flunkett, Yes, there was; we talked of
those men ttiat would do service. I asked him
what rewards those men, that would do serrice
for their kini; and country, should have ; he
told me, that tiiey. and their families, were to
be for ever taken care of.
Serj. Pengeliy, Was there any other pro-
mise made to y(Mi ?
Flunkett. There was no promise; only he
was the man who said, if 1 would follow his
directions, he would promote me; that he
would entrap to do i^rreat matters for me ; and
what I suffered in the army, he would make
me amends for.
Serj. Pengellif. Had you any discourse
about the disposition of the nation r
Flunkett, He said, that most of the nation
was tired with the present government ; and
he said that king George was for ruining of
the nation.
Srrj. Pengeliy. Had you any talk of any
persons at c<Mirt ?
Flunkett. Yes ; he said, what signified the
government ; there were but only eight or nine
upstarts that Itclonged to king George's court ;
that the ancient peers of the realm would not
he run down ; for they should be made slaves,
if thc}^ did not prevent it.
Serj. Pengeliy. Had you any discourse any
othrr tiuie about the Dutch or the French ?
Flunkett. Yes ; J do remember that he
■aid. Here is a Dutch army come in upon this
nation, and then the French army will come
in, and ukeour rights and liberties from us:
you will keep a Dutch army, ond it will be to
make a war among ourselves.
Seij. Chahire. What would he have to cure
all this?
Flunkett. He told me, that when the in-
Burref tion was, there would be a great ma^y
balf-pay officers aa I. knew, that waaki be oo
the Pretender's aide, and €fpeaiaDrtbim«r«hft
Minea of FKumbVibtt | |b^ *
Fitsgmld thtAk <^f. ot ^vfjit
Trial qfChmtophtr Layer^
[184
Att. Gen. We have dode ^laminiBg thia
witness.
Friumer. You say your first aoqoaintaBce
with me was in Queen- street, and that major
Bamewell desired you to assist me, there be*
ing an execution in my house : was it not ao f
Flunkett. Yes.
Prisoner. At tlie same tioie yon called na
counsellor Layer?
Flunkett. Yes; I came to your honse.
Friioner. Did I employ you ?
Flunkett. Major Bamewell sent me to gfi
a couple of grenadiers, and you ordered vaor
clerk to let them in at the back-door ; and the
two grena<liers, which were conOned in the
Savoy aflerwardR for it, drove the efficera out.
Prisoner. Was it the landlord of the hoaae'a
goods, or my goods ?
Flunkett. J cannot tell ; how shonld I know
whether they were yours, or bis ? tbey ware
in your house.
Prisoner. You said it was about five yearn
before I saw you in Lincoln- inn-fielda?
Flunkett. J t was when the army waa brelDa ;
and I came over from Ireland.
Prisoner, Well, you say fire years after-
wards 1 mH you in Lincoln's -inn- fields* and
gave you half-a-rruwn to drink. I told yoa
my lord North and Grey was to he general : that
my lord Strafford was concerned in it?
Flunkett. No, you told me they were pro-
moters of it.
Prisoner, Promoters of what?
Flunkett, Of this coospiraqy.
Prisoner. So you dki not know me P nor I
did not know you ?
Flunkett. Yes, you knew me ; therefoei.
Sir, 8aid I, you have an ailvantage against me;
for I don't know you. AflerwanK we met ooe
another hy accident: Says yoa, Doo^ tell
Plunkett you met me.
Prison* r. What Plunkett?
Flunkett. James Plunkett.
Prisoner. Where lives James Plunkett P
Plunkett. I don't know : however tbat'a
not material.
Prisoner. Did not you oome to ny houae
some time after this, and desire me to l^d jpa
13c. upon aooount of being bail in an aetieM
in the Marshars court?
Flunkett. That was two montba after:
there was a soldier which waa aneitad by «
NarshaPs Court writ.
Prisoner. And I lent you 13f. in ocder 4o
discharge YAnk^^Flunkett. Yet, you did.
Prisoner. Did not you afterwards ask aa
for some money on acoouot of nr Danid (kr-
rol ?— P/MnAc«. No.
Prisoner^ Did not yoa make a- demand ml
sir Daniel?
Plunkett. No: I told yoa my affaira with
sir Daniel. You said yea would net meddle
yourself, bat ynoweald write to him.
Primner. Did yea JMt -bring Af«|Mr« mai
eOTf "' ^DtaU bad agteed^ta pay yoo fOi
4fei
ir High Treason*
'Bthammt^ ]>»J oot you VtW me, it woitld be
llir greatest kiuilDess iu the world to you to
■JiMOg flOi. lor jfou ?
^hmlUiU 1 ta/ever asked you in the course
i*rf«o««r, Dt<l you never borrow any money
^immktii. No ; 1 never tM^rrowed any mo-
ftey «( y9ii, otber%vbe than to get men listed
fe llw P^rtctider.
Fi— 1 1 , I shiUI sbew that you are a little
QMiftiai by »Ufi (>ye.
He. Um^crfotd, Vou said you was de-
cvfil to cl)«irch ?
JFtmktU* Decoyed 1 I laid it wa^i out ot'
Bj iray, ivheu my ohu parish church was
11 ' 'W. What, do you use to go to
diar inketL Yes.
Ht. Keitihey. You say, the flvst lime you
tt» te JaiDea Plunkett, he came to you wheu
y^mmfe wss in the room ?
^kmkeU* The first lime I aaw him, was
w^m II r. Layer released major fidmewell out
d'llMellftrihaisea.
Mr. Kctcllmf, When James Pluiikctt caroif
to ymtr lf^i«»e, be took you by the arm, and tuld
yiM, be cMoe from ^Ir, Layer; did he teU you
llal ifit t^ooe, he came from Mi-. Layer f
Pimmkiit. Upon my oath he did.
Mr. Kctttity, H'liui discourse had you the
finf Chmr i" Hid be only a^k y uu to go and meet
Mr. LaytrF
PiiouUti* He ccune to mpf and desired me
tv mefi Bir, Layer at the Italian eotf'ee-house
km iUi«sel -court.
il Did James Plunkett talk to
j^ Ai- ig men for the Prelender the first
wmt Ue hMw youf
FkuUutt^ No ; he only was sent od an er-
laod Groin Mr. liayer.
BIr. lUiel^. And then you can»e to the
B— jilfftmg imrson : ilie nn-juring |jarsoOf as
Ml Ctll biiA: What discourse had you ^%ith
FimAkeit. The same disco urae paased he-
IWift ua iil»oat lifiting' n>f n.
Sr. JT' telhty, Vt hat, ihe first lime you eaw
Ivnea Plunkeit, and the firit tjmc you i»aw the
BOH joriiitr ]uir»oti ?
tiuiikttt. Because he came from Mr. Layer,
Mn Meittbe^* 8o you truMed tK»th of them
•t irwL aiiiftit, and talked to them ahout tiiiting
fe» f*ir CbjB Preteuiler ?
^ii^cl^. YrH, both talked to me.
Hr. Keiei^y. How many times had this
•^|orio<^ l>ant(in beeu wiih you^ before you
kaiw tv» nacoe?
PUnk€ti, He had been with me two or
linetifDL'^ I'f me his name was St^f-
JhM, lilt ' ' i me hia Christian uame.
Li C< J' ^liJ ut: itrll you hia name was Jef-
freys tl»e first time ?
himmkeiU He toid me his oame was Jef<
L C, J. How longc after was it that this
klltr «rai atnlto yoo by Mr. Jeffreys?
A.D. nn. [186
riunkeit. It was the time when Mr. Layer
came from the country.
L. C. J. How long ago whs that f
Plunkeli, I beliere about tea months ago;
I mean teu weekii ago.
Mr. Kettitttif. 1 would not surprize you ; I
would have you consider you are u|>oo your
oath r Is It ten months, or ten weeks P
PLunkeit. Ten weeks,
Mr. Keietkc^, How came yon to remember
the contents of the letter so exactly f
Plunk*' tt, I heard it repeated over*
Mr. KeUihrt/. Prtiy repeat it over agaiDp
PlunkttL *'Mr riunkeit, Mr. Laytiri&cooif
to town ; I should be «ery glad to see you :
** 8o I rest your humble servant,
•* W Jeffbey*,**
Mr. Ketetbey. Where is that letter?
Plunkett. I don't know ; the tetter is lost.
Mr, KeUlUy, Do you remember how loog^
it is fc^iuoe this tetter wa^ lost ?
Plunkeii. Why, I miijseJ it ahout two
months ago^ or more.
Mr. KcUlbcy. Two months ago, or more!
How long^ was il after you received it that you
missed li?^ Pihfikelt, 1 kept the letter in my
pocket some time.
Mr. KHeltffy. Howkchg?
PiunkeU. J believe I bad it three weeks.
Mr. Kctdbey. So that it is ten wc«ks siaqe
you received thi& ktter, two months since you
lost it ; you kept it in your pocket three weeks :
You cau read writing?
Plunked. Mo, ] cannot.
Mr. Ktidbty. What, not read writing?
Plunkcit, No, Sir.
Mr. Ketelbej/, How can yoo he so particular
as to the writing ?
Plunkett. I have heard it read often enough.
Mr. Ketelbcy. Who rtad it to you ?
Plunkttt, John Child read it OTer to me two
or three times.
Mr Keteibci/- Why, this h mere romance,
that at twice hearing 'it read, you can remem-
ber it, the very worfls.
Pluftkctt^ *I can remember those words to
the best of my knov« ledge.
Mr* Hunf^crfofii. Hnw tan he lell, when \)^
cannot read at ^*li ? There is uuihirig in it : If
one was to a^k him, whHheryoy cuu ret^itetho
Articles of the Cretd, \ hfhe«e he couUI not
do it ; and yet is so ejtact in repcatuig the
words of this lener.
Pn&oHtr. What couniryman arp you ?
PlunkfAt, An Jri!ihm;uK Vou koew thatlo^g
Ago ; you ueeit not ask me tbat qtiestiou now*
Serj. PtngeUy. My lord, we shal* now pro-
ceed, aiiit produce the plau of tliis coii^piracy,
which was hiuud amoog the papers taken in
Mts. Mason's pu8ses»iion; ^,nil t»hall !»how how
the^y came lo be in Mrs. ft] nsoi/tf posiiciision ;
and we sliall prove this plan to be Mr» Layer's
own band'Wntini;.
John Turner^ one of the IMesseogcra, awom.
Alt. Gfn, Uiiik upon iheie papers* [I'ur-
ner looks upon the papers.]
187J 9 GEORGE I.
Alt, Gen, Do you know any thing of those
papers, and where'they were found ?
Turner. My lord, by warrant from nny lord
Carteret, principal secretary of state, dated the
29th of September last, I was directed to search
for one Mrs. Mason and Mrs. Cook, and the
very same day 1 executed that warrant. I
found out Mrs. Cook's house in Stone Cutter's
yani, in Little Queen- street, near lincoln's-
inn-fields, and in searching the house^
Serj. Fengelfy, Who lodged there ?
Turner, One Mrs. Mason lodged there : I
found her in the house; and in her lodging
there was a trunk, and being demanded to open
the trnnk—
L, C. /. Wai your warraut to search for
both Mrs. Mason and Mrs. Cook ?
Turner, For both ; and iu Mrs. Mason's
lodgings there was a trunk, which the other
measenger and 1 demanded to be opened : She
opened the trunk, and in the trunk there were
two bandies of papers sealed up; which papers
being opened, this paper was found amongst
them. (Meaning the Plan or Scheme.)
Seij. rengtUy, Look upon it : How do you
know that to be the same ?
Turner, 1 know it to be the same, becanie I
writ upon it ; I set my ooark upon it
AU, Gen. You say that these papers were
found in the trunk, in two bundles sealed np ?
Turner, Yes.
Alt. Gen, (Shewing the witness another
paper.) Look upon that ; see if that was in
the same bundle with that you last gave an ac-
count of?
Turner. Yes, that was in the same bundle.
[And so he was examined as to several par-
ticular papers, which he swore to hare been all
found m the two bundles taken out of Mrs.
Mason's trunk, and that he had set his mark
upon them.]
Mr. Ketelbey, I beg leave to ask Mr. Turner
a question or two. Mr. Turner, 1 think you
S're a positive account of several papers, what
ey are I know not ; of several papers handed
to you from Mr. Paxton ? You had a warrant
to search for Mrs. Cook and Mrs. Mason, and
in a trunk you found these papers sealed up in
a bundle ?
L.C J. He said he had directions from my
lord Carteret to search for Mrs. Cook and Mrs.
Mason. That he searched Mrs. Cook's house,
and found Mrs. Mason there; he sees a trunk
in the house, in Mrs. Mason's lodgings, and he
demanded the trunk to be o|ieneo, and iu the
trunk is found two bundles of papers ; in these
bundles are these papers which have been
shewn to the witness. When be is anked how
he knew them to be the same that were in the
bundle; he says, he knows them to be the
- aame, because lie set his mark upon them.
Just. Fortacue Aland. .Were the bundles
•ealad up ?— Turner. Yes, my tord, they were
■Baled up when we took them out of the trnnk.
' An. Omt.. In whOM Mgings wm^tbey
found? . •■ -•• t9r
I
Trial of Christopher Layer^
Turner, At Mrs. Mason's kxlgin
beflchamher.
Mr. Ketelbey, You say these papc
to you, you found in the'trnnk in Mri
lodgings. Where have they been ex
How come you to be so positive tha
dividual papers are the same papers
found in Mrs. Mason's room ?
Turner, 1 put my name upon thei
Mr. Ketclbty, Is your uame put U|
Turner, Yes, upon each of the
time.
Mr. Ketelbey, How lon«v were the
custody ? — Turner, About an hour.
Mr. Ketelbey, Who did you delive
when you parted with them ?
Turner, I think, to Mr. Stanyan.
Mr. Ketelbey. I ask you, when
your name on each of them, was it b
first parted with them P
Turner, After the trunk was opei
bundles were opened ; in the bundl
paiiers of consequence, 1 was dire<
and fetch Mr. Stanyan as being a n
to give that person hor oath. Wh
gone, I delivered the papers into m
messenii^er'B band, and he signed the
Mr. Ketelbey, So you only swea
brother inessenger. How lons^ after
seizing the papers was It before you
name upon them P
Turner, 1 believe three quarters o
Mr. Ketelbey. Who had vou left tli
Turner. 1 left them with this man
ther messenger.
Mr. Ketelbey, Youlefl them with
ther messenger before you set your i
them; how comes it that you are
are the same P How can you swca
the same, when you went away and
in your brother messenger's han<}s, a
set your name upon them, till you rt
Sol, Gen, You say these papers ^
in Mrs. Mason's lodgines, and that si
and unlocked the trunk, and you to(
two bundles P—IVimer. Yes.
Alt, Gen, You say you delivered
papers to this person here P
Turner, Yes, Sir.
Priioner, Mr. Turner, in Mrs.
k>dgings you say you seizeil two I
papers sealed up? — Turner. Yes.
Fritoner, When Mrs. Mason I
locked up, were they then sealed up
J'umer, They were then sealed u
Fritoner. Did not the seals appe
been broke open P — Turner, No.
Prisoner, You saw two bundles ?
Turner, Yes.
Fritoner, You saw this paper, and
all the papers taken out of the bundl
bundle was this paper in P (Mennmi
or Scheme.) *^'
Tiumer. This wasia i
Wuthiits
ZWriwiK
/4f9J
Jot' High Treason.
PriMoner* And this wm oat of one of the
WmOfs?
■ Jkmer. Out of the imall bundle.
Frmomtr. Did yon see them taken out of
the bondle f ^Turner. I can't say that.
Mr. Hmngerford. If I observe that paper or
hawHi vvbt, Vt is one that consists of several
sImcIb offpaper ; I desire he may hold it in his
hand. tiD we have done examining of him.
Hj^Eeielbey. Mr. Turner, that consists of
■Mnsheetn than one ; did you sign your name
tocKkkaf, or only to the first and the last
htfiflhebookP
J^mtr. 1 iigoed my name to each sheet.
Edward Speare sworn.
AiL CtM. 'Mr. Speare, did you go with
Mr. IVpmer to seize any papers at Mrs. Cook's
^mmf—Sptort. Yes, I did.
itC. Gen. Give an account of what yon
Iw ef seizing any papers there.
e. My knrd, by a warrant directed to
i my iord Carteret, Mr. Turner and I
) seize Mrs. Cook and Mrs. Mason ; and
Mrs. Cook's house, I found Mrs.
I tliere. At Mrs. Cook's I found no pa-
pcn JD the first room ; 1 proceeiled into a se-
cnd room, where there was a trunk, which
1 aidered to be opened , and I took two parcels
oat ef it ; one of them was sealed witn three
iseh, which 1 looked at ; they did not appear
la iMre been opened and sealed up again. I
opened them, and marked them.
Ait. Gem. Who was by ?
Speare. Mrs. Mason was.
Att. Gen. Was she ttiere when you opened
them?
^eare. She was by when they were opened.
Ait. Gen. Look upon them, are tliey the
mme papers?
Spemre. 1 baTe looked upon them, and know
them to be the same.
An. Gen. Are those the papers that were
idMo out of the trunk?
Speare. The ?ery papers.
Att. Gen, In whose room were they taken ?
Speare. In Mrs. Mason's room.
8erj. Cheshire. Were they e?er out of your
CQstody, till you marked them ?
Speare. No, Sir.
iU. Gen. During the time that Turner,
your brother messenger, was cfone for Mr.
teayan, who had the Gusto<ly of the papers?
Speare. 1 bad the custo«ly of tiicm.
iol. Gen. Were any of them taken away, or
W there any alteration in, or addition to them,
during that time ?
Speare. No, Sir.
flerj. Cheshire. Do you remember that 3Ir.
Tomer set his name upon them ?
Speare. Yes, he did.
L. C. J. How long after your brother mes-
sengf r returned hack to you, was it before you
set > our name u|K)n them?
Speare. Immediately, my lord.
Mr. Keiflbcjf. How long did you stay in the
|bce ailer the return of Turner ?
A. D. 1722. [190
Speare. 1 beliere I might stay there an hoar,
or an hour and an half. "
Mr. Ketelbey. When did you first part with
the papers out of your custody?
Speare. I gayethem to Mr. Stanyan.
Mr. Ketelhey. How long after you first seized
those two bundles was it before Mr. Stanyan
came to you ?
Speare. I beliere about half an hour, or
three quarters of an hour.
Mr. Keteibey. What, did yoa ddiyer them
to Mr. Stanyan then ?
Speare. After Mr. Tomer and I had signed
them, 1 deliyered them to Mr. Stanyan.
Mr. Keielbey. Was it not before you signed
them?
Speare. No, upon my oatb.
Mrs. EliMabeth Mason swoni.
Att. Gen. Blrs. Mason, gire an account of
what you know of these papers ? ,
Mason. Mr. Layer left two parcels of papera
with me ; be told me they were of the yalue
of 5001. He afterwards took them away from
me ; and afterwards brought them to me again.
Seij. Cheshire, Yon say, he delirered two
bundles first?
Mason. No, he delivered only one, and that
was the largest bundle : he told me it was of
the yalue of 500/. and desired me to take care
of it, and lock it up.
Serj. Cheshire. When was the lesser bundle
delivered to you ?
Mason. Some time after; and after that
he took them away from mc; and io four or
five days time he brought fhem to me agaiu :
he took them away, and brought them to me
again, and told me they were a few love-letters ;
and begged of me not to let Mrs. Cook know it,
for she would make a disturbance, ami tell his
wife.
Serj. Cheshire. When had you the lesser
bundle?
Mason. I had that some time after.
Serj. Cheshire. What directions had you with
the little bundle?
Mason. He desired me to take the same care
of that, as of the other.
Serj. Cheshire. Was that sealed up ?
Miison. They were both sealed.
Serj. Cheshire. Where did you put them ?
Mason, I put them into luy trunk.
tsierj. Cheshire. After this; you know when
the messengers came ?
Mason. Before that, he came one day in
the afternoon to our house, and asked where I
was? It was the beginDiog of Bartholomew-
tide. 1 was noVat home : he left a message
for me, that 1 should bring those writings
home. I carried them home.
Serj. Cheshire. Home ! What do you mean
by home?
Mason. Mr. Layer's own house: he left
word, that he would he at home by eight
o'clock that night. I was there about eight
o'clock? 1 asked the maid where he was?
She said, he was iu the back parlour. I asked
191] d GEORGE I.
her if any body was with him ? She said, there
were two gentlemen. Said 1, tell your master
that I am here.
L. C. /. You say the great bundle was taken
from you again, and afterwards he brought the
lesser bundle ; and after this you received a
message, or intimation, that yoo should bring
home that bundle.
Mason, My lord, 1 had two bundles. He left
word, that I should bring his papers home; for
he stnid at home till eight o'clock that night. I
went to his house : and when 1 knocked at the
door, tlie maid came to the door. I asked her if
her master was within ? She told me, yes ; he
was in the baok-parkur ; and that there was a
gentleman or two with him. 1 desired her to
go and tell her master{that I was there. And he
came out to me ; and I gave him the writings ;
and he desired me to come again the next
morning, n hich was on a Saturday , about eleven
o'clock, for he was going out of town : and
that I would come and take those writings
again. Which accordingly I did. It was in
the morning, at the time that the bell was
ringing at Lincoln's-inn chapel, when 1 went
to him, and he delivered me the |iapers again.
Sol. Gen. Can you recollect the day that
lie left word for you to comf to him ?
Mason, It was the beginning of Bartho-
Jomen-tide.
Sol. Gen. What day of the week was it ?
Mason. It was on a Friday night that I
went and carried them to his house.
Sd, Gen, And when was it that he desired
you would come and call for them again ?
Mason. It was the next morning at eleven
o'clock, or near the matter, that I went to his
house ; and he gave me the writings again,
and charged me to take care of them.
Serj. Cheshire. What was you to do with
them f
Mason. To take care of them.
Serj. Cheshire. Did you meddle with them,
or open them P
Mason. No, Sir : I put them in my trunk.
They lay there all the time.
Seij. Cheshire. Were they there when the
officers came ? — Mason. Yes, Sir.
Serj. Chchhire. Was you there when the
bondles were opened ? — Mason. I was there.
Seij. Cheshire Did you mark the papers
yourself? — Mason. 1 did.
Serj. Cheshire. Look upon the papers, and
see if you find your mark on those papers?
Mason. Yes, this is my mark.
Serj. Cheshire, l^lr. Speare, yoo was pra-
■ent at the opening of them P
Speare. I was : They were sealed up when
I opened them.
Serj. Cheshire. Did ymi pat your
ibemP
Speare. I did put my naoieon tbc
^.CkeMt. WcralkMMir'
lady before YM p«t va* f
Speare. No s f
Trial qf Christopher Layer ^
[192
Speare. He put his name to them before
ever they were out of my custody.
Alt. Gen. You have marked all those papers.
You are sure those are the papers you took
out of the trunk in Mrs. Mason's lodgings?
Speare. I am sure they are. *
Atl. Gen. SUw them to Mrs. Mason. Mn.
Mason, were those papers in the bundles that
were delivered to yon by Mr. Layer?
Mason. Yea, Sir, they w<.tc.
Att. Gen. You have marked those papen,
have you not ? — Mason. Yes, I have.
Sol. Gen. You say, you gave the handles
back to Mr. Layer on'a Friday, about the be-
ginnin*;: of Bartholomew-tide: Do you re-
member whether it was'upon Bartholomew
day or not P
Mason. Indeed, I don't know.
Sol. Gen. What did Mr. I>ayer say when
you bi ought them to him again?
Mason. He only thankM me; and de«red
me to come the next day and take them from
him again : Which I did.
Sol. Gen. Did he mention then that he was
going out of town P
Mason. Yes ; and it was about tl o'clock on
a Saturday morning that I went to him, and
he delivered the papers to me again.
Mr. Hungerford. Can you write P
Mason. No.
Mr. Hungerford. Have yon made the samo
mark on all those pa|)ersP
Mason. I was so frightened at that time, that
I hardly knew what mark I made.
Mr. Hungerford. If yon waa frightened at
that time, and did not know what mark yoa
made, how can you be sure you know your
mark again P
Mason. Yes, I can tell it very well.
Mr. Hungerford. When you say you was ao
frightened you did net know what mark yon
made? — Mason. Yes, sure 1 do.
Mr. Hungerford. Upon the oath you have
taken, hath any body seen those papers liefora
they were takeu by the messengers ; wlietber
sir John Meeres, or his man Thomas hath seen
tliem.^ — Mason. No.
Mr. Ketelbey. Nor his man Thomas?
Mason. No, nor his man Thomas.
Mr. Ketelbey. I ask you, can you write, or
can yon/ead writing P
Maion. I told you I can't.
Mr. Ketelbey. You only can make your
mark? — Mason. No.
Mr. Ketelbey. Do you only make but one
mark, or use several marks?
Mason. I make but one mark.
Mr. Ketelbey. Pray, makethemarkyoago-
nerally use. With submission, my lord, I oe-
siro she may have a pen and ink, to aee if nhr
ean make the same mark again.
Mr. JfiMfTf/brrf. Mnrdy wn nraregnlnri
Jut lligJi Treason*
PmI» aai dMifi she inaj ttiake her mark
Mr- lUtel^, My lord, we desire she may
wAit Iter nuirk m^n.
BtL Gen, We d<?str« ghe may have a con-
t»l«er lo do tt in, ati<J itiat the iniiy sit
No, 1 c»n do it wilbpuL (A pen
atd ibIi aim] |iauer ts pvrn to Uer, nod slie sets
l0«Bri, sia A' and an M.)
%bL Qtm, Hcire ure tfie tnUers £ and M spt
la yv |«f«rrs nroiincefl : aud though m this
ff^^il »tu> ftliould not miike her letters ex-
e, yet I aiipreliend that would
A. D. 1722.
im
tr« Acici't^v
id, I caQ*t tell M'hat th^y
■^ depend' ►
Aiy lord, 1 desire to go on
f|tinctifioB, I a^k you-
' ct»mpared the letters made
Courts with those on the
lY^j thi* ( iiamcter ivliich she now writes
•bf ^bmt «be writ on those papers^ aud so
( her eridcnce,
Mr Ktieihry. After the ileliTery of those
••-lm»4k« U» vf.ii f.v Mr. Layer, I ask you
U«r Air Jo! 's man Thoiuaa ever
«, No, he never was op in my room;
no audi tAiniliurity between us.
Mr. Ktttil'ey. Diil one Wilioo eversee them ?
^mtcm. So,
Hr, Ktttibry, Did ever you produce them
i«lle fUoks ? — Mainm. No.
^rtM^mtr, No ! nor diil sir John Meerca'a
■A TTMunas never sec them ?
n my oath.
i ever produce them
urrj -j^i . if I let Thomas or Wil-
himselfsee either of
Ufs ttk *,.i j .V vie seated up f
No, ihey were in my truuk : I a1-
Ihtpi ifaftn in my trunk, perhaps as I
ttiy truok, they might see them he in
' llllltJK«
KtSef^ey, 00 you know one Blrs. Bmla?
No; I (fon't know the name* J
a*t know one 11 rs. Duda.
trwmir^ Did yoa ever know one Mrs.
I know many of that name.
r. Did you ev«r go hy that name ?
No.
!*^ * "11 uver ifo hy the oamc of
r. t#jw ^^^0 ever go hy the name of
No, I tieter did go hy tlie name of
JL C X Mr K**li ?ljrv. I dim'i know what
BiiD|^ o^ < ; when it
it»rtnnr: Uis Woman
r . eh«r to he
h^r credit,
I vfith your
jury.
At the time when these bundles
were seized, had thry Mr, Ltiyer's seal upoo
tliem ?
Ma%on. Yes ; the seal of Mr. Layer wma
upon them.
L, C* J, What says the messenger? At the
tinte that you seized these two bundles of
papers, was there any seal upon them t
Messenger. There were three seals tipoo
oiie^ and some seals upon the other; the aeal
wa^ somethinjT' of a small head.
L. C. J. What is Mr. Layer's seal ?
Mawn, Something of a head, but I catmol
fell what head.
Mr. Kciclbty, Do you koow Mr» Layer's
aeal ?
Afdson. ft ia aomethtns^ of a head.
Mr. Kttclbfy. Was ittne representation of a
man^s head, or the head of a beast ?
Mason, It is a head with somethings of a
ruff about it.
L. C. /. Mrs. MasoOf look upon the headf
Is that head the seal of Mr. Layer?
Mason, Yes : t^pon my oalli it is.
L,C.J, What says the messenger: Was
that seal of a head upon them, wheu you seized
them? — Mentngcr. Y'es, it was.
Mr. KettiUy. Before that time that the two
messeof^ers came, Mr. Turner and Mr. Hpcare^
and seized the papers, and afternards one of
them went for Mr. Htanyan; I ask you whe-
ther you had shewn those bundles to aoy body
before that time?
ALisan. No ; T had shewed them to nobody*
An. Gen. 8he halh said so two or three
times before.
L. C. J. Indeed, Mi-. Ketelbey, we mast
direct you not to sjiend the time of the Court
so. You have asked her that quet^tion two or
three times over.
Mr. Ketelbey > My lord, 1 would very fahi
have the truth come out.
Mr, Hungerford, 1 will ask you a question
or two. What trade or husiness^do you follow ?
What is your trade or occupation ?
MoMon, What is that to you ? I have tio
trade.
Mr. ITuTtgerf&rtl I should have asked yon
anotlier question before ; have you not a pro-
mise of reward for the service yoa do here, ia
givini^ this evidence?
Maton, No, I have not.
Priianer. Nor you have received none?
Mason, No : You are an unjust num.
L. C. /. Are you promist-d any reward f
Why don*t you ask her whether she is to
swear for hire ? Is that a proper question to ask
a witness ?
Mr* Kef rf hey, 1 submit it to your lordship,
whether it is not proper to a^k her this queit ion j
^Vhether she huth not toJd any person, and
whom, that she was to have a rewaril for
comiiiflf hither?
Frmncr, The question is, whether she hath
never owned and coufcnscd to any hoily, that
these papers were opened before a friend of
liersp before the rac»eDgcr seized them f
O
I
I
*
1»5]
9 GEORGE I.
Trial of Christ fpher Layer ^
Mason, No, my lord, I Dever did. I Dever
opened them before any body.
Alt. Gen. They have asked yoo what names
you went by ; do yoo know what names the
prisoner'at the bar has g^ne by ?
Mason. He had once given roe orders, that
if any letter came direcSed in the name of
Pountaine, that I should take it in ; accord -
ingfly in two or three days time, there came .a
letter, directed to Mr. Fountaine, and I took it
in ; and when he came I gave it to him, and
be opened it, and read it.
Prisoner. Where is your house ?
Mason. Where! Where you left the writingfs.
Frisoner. How can you tell bow that letter
was directed which you took in, since you say
yoo cannot read?
Mason. It was directed to Mr. Fountaine.
Prisoner. Did you read the superscription ?
Mason. No ; Mrs. Cook did.
L. C. /. You say you was desired by Mr.
Layer, when any fetter came directed to Mr.
Fountaine, -to take it in ; and that a letter came
directed to Mr. Fountaine, and you took it in ;
the question is asked you, since you cannot
read, How could you tell it. was directed to
Mr. Fountaine?
Mason. My landlady told me it was for Mr.
Fountaine, and she knew he went by the name
of Fountaine sometimes.
Prisoner. She said she read it
Mason. No; I said I gave it to you, and
yoo opened it, and you read it.
L. C. J. The occasion of this question is ,
that this misnomer was approved of by you.
8he says, that you ordered her, that if any letter
came directed to Air. Fountaine, she should
take it in ; a letter did come directed so, she
took it in, and then delivered it to you ; and
yoo received it from her, and opened and read
it ; Jbot how, say they, could you know this
letter was directed to Mr. Fountaine, when you
can neither write nor read? She having re-
ceived such an order, when there was a letter
come it was natural enough, that she that could
not read, should ask her landlady the directions
of the letter, and it was directed tor Fountainet ;
it was natural enough for her to take it in, and
give ii to you . W ho brought the letter ?
Mason. A porter.
L. C. J. Did he say from whence he came?
Mason. He told nie he came from the Ditch-
side, and asked me if Mr. Fountaine lodged
there.
Mr. Hungerford. This trunk that the papers
were in, did it use to be kept open, or was it
Idcked op ?
Mason. It was always locked up.
Mr. Doy/fy sworn.
Alt. Gen. Mr. Doyley, do you know Mr.
Layer .^ and how long have you known him?
Doyley. I have known him about seventeen
or eighteen years ; be was my clerk ; it is
tbereaboulB, I believe.
Att. Gen. Do you know hM writing '
Do^ky. I believe I do.
Att. Gen, Look upon that paper,
shewn the scheme.)
Att. Gen. Do you take that to be his
Doyley. If you ask me as to my belie
lieve It is.
Att. Gen. Have yon often seen him \
J>qyiey, Yes, Sir.
Att. Gen. Have you seen him wrili
he left your service r
Dovify. I have bad several letters Iro
nnce ne was my clerk.
Att. GeH. Look open that paper ; c
swear that you believe that is his
writing ?
Doyley. I have seen the paper before
do beReve it to be his band-wnting.
Prisoner. Have you seen me wrii
thing but my name these 14 years ?
DoyUy. I cannot particularly recollei
ther I have or no.
Prisoner, How long is it since I wf
clerk ?— Doyley. About 14 or 15 years.
Prisoner, mve yoo seen me write si
Doyley. I cannot say 1 have, or I ha
X. C. J. How long is it since you n
any letters from him ?
Doyley. About 6ve years ago.
L.CJ. How do you know those
came from him ?
Doyley. Because he was my client, a
to me aliout business ; and I answerer
letters, and did the business that he desi
to do by those letters.
L. C. J. Did he pay you for that b
done ?
Doyley. Yes, very hononrably.
Prisoner. Yoo say you don't rememi
have seen me write since I came from y
to that paper which you say you believ
my hand, have you compared it with th*
ters? — Doyl^. I have.
Prisoner. Is that what yoo found yoo
upon?
DmfUy. This is what I chiefly fou
belief upon.
Prisoner. Consider, Mr. Doyley, m
at stake, and you say you have not si
write these 14 years ?
Doyley. I don't know that I have.
Prisoner. Have you any of my le
court?
Doyley. I have not your letters in c
Prisoner. You say you found you
only by comparison of those letters,
wish you had brought those letters here
Att. \}en. He doth not say so.
Doyley. If you had desired it, I con
brought them.
Prisoner. I desired it ! I little tho
have seen you here on such an occasioi
Att. Gen. Mr. Doyley, I ask you,
had no dealings with him since be wai
t bis clerkship ?
Doyley. Yes, I wai hif agent.*
'^8(MLitdi'iHa«Uii^n-r«
book i, €.4^-
SSi.
U. U€ii,
W7] /or ffigh Treason*
L C. «r* Wliose n&tne i« suliMcriUeil to those
f^X>«»v/rw rim tophcr Layer's.
L.C^J- Votj I iisiuB^ lueutiooetj ill
■■K Irtlcrs i :k nmjrubly paid 3^0 u for
'^iMfifjf* Yew, my lord.
JLC J. I BUppuiie, in your timi?, that you
tlwil otlier |jeo[ile writ letter« io your
Kztrlhcif. Yoa wiyi you believe tJiat
imhm y\r, I Jiver'u band writing'. And if
*itf»i ' i.tnti you, I t<K)k it down in
I ^'our belief on tiie com-
^t \hriMu^ wTtb the letteis vrhicb you
ikfky^ 1 said, 1 chiedy fouoded my belief
ipiM mk:Ii oompariNOn ul' bauds.
— . . T),t.» vrpti clitcfly did so ; and
I Si here in court, on
^1 tbi>i belief
I I 'rv I , , I itiiuk \ou say yoo
^^ ni/ ^^vt fttl limes f
y nut rtfini'mber tb^it J have seen
e 14 year^.
Durincr tlie time he woa your
iM;« jTttu iMve iie^n him write ?
Itailfw. Yes J be mtur bul iwo years with
9ti Bc dmS been clerk vi ith Mr. • be-
"Sd, Gem, Then be had b«en used in bust-
maik l«fiire be oiuie to you ; and bad formeil
Mr. finnger/nrd. IIow old was he when be
«ltt|<iur cirrk?
I^£rv. f nde^ I donH know.
Mr. llnmgerford, Y«u form your hebef
1^ tlie r<*tiieuibrance you have ot what was
bi kam}' writing 14 or ]^ years ago ?
L C, X You aay, you receivetl letteri «ub«
iptW^ ^y bit name fire years ago ?
Diyi^, Yr^T my lord,
X-t, /- Waa the character of those letteri
Ibac ymi recrived five yeara ajfo. as^eable to
liaohancteni that be writ when he was your
6mk f'^Dayliy, Yes« my lord*
L C. /. Then I tkhk you upon the whole,
ffkmibm Jtm believe it to be inn band writing,
ih^flty. Yr«, I do bebere it to be hk baml.
fnmut^, 8mceniy ""f'^^^nv rircumjitancea,
ki»f yau kail no prr 'ing^ restored to
fmi pbec mrtun, or i i_ I : i_ii>e of aome other
tk^Uy^ r never, to tny know]ed(fe,
l^iacM otM oi«u that bad the power to put
* ia my plaot attain 9 nor ever cooYersetl
*M any on* great man upon that or any such
iCar.
lb" Mik we are entitletl to
«^«! * re may lie no dis-
■i^ ^ !;■■'' i> and Mr,
kay.1 nerattbe
A- D. 1722
[198
Mr ?*'''*' 'mworo.
.t^r^lr
'-t l*L ofibc Crown,
f Serj. Pengclltf* Sir, was that paper shtWn to
the prisoner at Ibc bur?
IhtaJ'aye, 1 wtts not near enouf>b wbe-o be
way before the lord»* ofllie couucil, lo i^ee what
waji on the table ; neither diil I look upon tbe
table, to see wbetlier this paper « as on it or not.
Btu upon a qtieiiiiuu tbut was asked bim relal*
inif to some arm*, it lie knew wbere any wera
IcHfsred in surb a pUce, be said no : upon
which, one of lUe lonU of the couucil h<*lU up
a puper; it might be this, I'oraui^htl know;
and b^id, Here is your own paper, your own
hiiud- writing, wbicli says, ^arms that are there
kidded ;' says be, I should have writ *arms that
sliould be tbere lo<J«^ed.*
L. C. X Whether is that the paper or no ;
and did he own ibat paper thai was then shewn
lo be his?
peiiifayc. The question was not asked, la
this your paper and your baud- writing? Hut
tt was shewn to him as such ; and he aald, i
should have wrote * arms that should be tbere
lodged**
Mr. Siangan swora*
Ati. Gen. Mr. Stsoyan, do you remember
whether this paper was shewn to the priattner
fit the bar, or any questions asked him ahotii it,
when he was before the lords of the council ?
Stunt/an. Upon tbe (luestion that waa asked
bim about the armh% thiii paper was shewn
him ; f think thi^ is tlie paper ; I was nearer
to tlie table tbun Mr. Ueblaye^ and did observe
this paper to lie upon the table before the lords,
and do take this to be the individual paper that
was shewn him then.
An. Gen, What was said to bim at that
time ?
Stani/an, The question was a^kcd Inm, what
he knew of any arms ihut wne lodged in
VVesjtminstcr? He said he knew of none. Then
this jiaiter was shewn to bim, and a question
was asked him ; here the arms ore aaid to be
lodged in tliis scheme of your own band- writ-
ing \ how came you to write so, if ihere be no
arms bxlgetl ? Mr. Layer said, it was a mis-
take : it wau not intended armii that are thi re
lodged, but nrmj* that sihould be there lod|i;ed,
fie said, 1 should have writ arms that should
he |odge<l, ioslend of arms that are todueif.
Serj, Chahire. The questiou was couceruing
a paper of his own hand- writing ?
Stant/an. Yes ; it was coucludeil, that the
paper was of his own baod-writing^ and he did
jiot deny it.
Att, Gin, Did be say it was not his own
band- writing ? — Stnnyan. No, he did not.
Mr, KetetUif. Was the question a^ked, wbe-
tlier that paper was his hand- writing, or no?
Stanyan. No, I behere not,
Mr. Kcttlbey, 1'hen if there Was no question
ai^ked, wbetlicr dtd be own it lo be his band-
ivriting, or nu ?
Stanyan. He did not expressly own it to b«
bis baud writing.
Att:G€n> He was not asked that question,
whether it was bis baod-writtog, or no ?
I
199]
9 GEORGE L
Trial of Christopher Layer ^
[90O
Stttnyan. No, Sir.
8erj. Fcngilly, He d'ul not deny it to be his
own hand- writing ?—5<a»i^an. No, Sir.
Mr. Wctt, Whether the lords in iheir ques-
tion did state it so as taking it for his own hand-
writing ?
Stanuan. It was taken for granted that it was
80, and he made no offer to deny it.
Prisoner, Pray, Sir, let me ask you one
question about the arms ? When I was asked,
if there were any arms Iodised, did I not an-
swer in the negative, and said, No ?
Stanifan, Yes.
Prisoner, In relation to the arms, yon say,
that 1 said arms that should hate been lodged ?
Stanyan. That was a|M>n the lords asking
you, to explain that part of the scheme relating
to arms ; and when you said you knew of no
arms that were lodged, then said they. How
cM>me you to mention in this scheme of your
own hand • writing, arms that are lodged? To
which you answered, I should ha?e writ arms
that should be lodged.
Prisoner, When 1 was asked, why I did say
arms that were lodged ? Why, saith I, my
lords, I know of no arms. It that was my
pafier, and I had writ it, I should have wnt
arms that should be lodged.
Att. Gen, My lord, we pray that the papers
may be read.
Mr. Hungerford, My lord, we hope that
these papers, (though tor my part I know not
what they are ; for there is no hint of them in
my brief) shall not be read, for this reason ;
the evidence which hath been given for the
king, hath not brous^ht them home to the pri-
soner. There is no legal proof that the papers
are of his hand -writing ; and consequently he
cannot be affected by any thing that is in them.
As to what is said of' the likeness of hands, that
we humbly hope is no evidence at all.* The
first witness, Mr. Donley, he hath said it is
like his hand ; but he gives that opinion of his,
on the knowleilge he had of the prisoner's hand
fourteen years ago ; and by some letters he re-
ceived from him about five years since ; men's
bauds may differ and vary even in five, much
more in fouKeen years.
What follows is the evidence that hath been
given by the gentlemen belonging to the secre-
taries* otiice.
1 personally know them to lie gentlemen of
good sense, integrity and honour, and ibr my
part 1 believe every word they say; which is
more than 1 can say of the other witnesses hi-
therto produced. But what these say, doth
not, with submission, affect the prisoner: they
we/e present when the prisoner was examined
before the lords of the council ; none of them
heard the prisoner acknowledge that the papers
were writ by him, or that he did own them as
his ; neither was he asked any question to that
purpose ; neither did the nature of the exami-
nation my lords of the council were then upon,
* See this Case cited ai to thi^ point in Dr.
Hena^'a CaaCi a. d. 1758| i»fr^
lead them to such ^ question : The lords were
not asking BIr. La>er niiestions to fix an evi-
dence iqion himself. But the lords having
some papers before ;hem, and, according to the
duty of their high stations, being intent npnn
discovering what mi^bt be of danger to iiis
majesty and the public, they asked MrLaywy
where the arms were deposited at We '-~
ster ? He answers, that be knew of nona
or to that purpose. It cannot in law or
be from hence inferred, that he did own the
papers to be of his own hand- writing. The
only evidence, therefore, which can.be inaialed
on to entitle these papers to be read, is the efi<
deuce of likeness of hand, which is noevidcnoe
at all in a criminal case.
In my lady Carr's case, it was not nUowed
to be evidence ; and yet tharwas not n capital
case, but a case of misdemeanor only, it WM
l»erjury. But there is an authority beyond all
that ; we have the act of parliament for the
reversal of the attainder of colonel Sidney, who
had been convicted ujion evidence given oil* ihi
similitude of hands, and that a much atrongtf
proof than what appears here ; for €!ook nad
Cary, two fain«»us goldsmiths, swore ihty bo-
Ueve<i the treasonable liiiel laid to ooroneTSid*
ney to be writ by him ; and assigned that for n
reason of their belief, for that they had received
several bills from him of the like hand-writinK
which they constantly paid. Nay, one of tCft
goldsmiths swore, (as I remeinlier the trial)
that he saw the colonel write a receipt. Somo
other cases of this nature might be quoted, hot
we depend upon the authority of my lady
Carr*s case, and the act for reversing the aU
taiuder of cohir.ei Sidney, which is iaslar am*
nium ; for in that act the reas«m assigned for
reversing the attainder is, for that the convie*
tion and attainder were found upon a siinilitwln
of hands.* We have an attested copy of tb*
act here ready to be read. In erasequeooe a^
this act, my lord, similitude of Hands b nevip
to be given as eiidence in a criminal case : aoA
therefore we humbly hope, that tliis paper i^
not so proved, as to be read in any couii, kai^
must be rejected : it is not proveil to be bi^
baud by any that ever saw him write ; nwthg^M
hath any body beai-d him own it to be hia.
Mr. Ketrlicy. My lord, I beg leave to ii^ ^
few words in supp«>rt ot' this objection. We «Bie
not know what is the pur|K>rt of this paper. ^
daresay, Mr. Hungerford, as well as myn^BM
hath not seen one tittle relating to it wbM ^^
ever ; but 1 hope, for the sake of evidence* '^^
sacred and eternal rule of evidence, that si CK^*^
tilde of hands shall not go for proof, wb
|ierson is chargc«l with a capital offence,
shall in due time endeavoui to lay befc
Court several material objections to the
of some of the witnesses; but at preseve
must suppose them unexcejitionable, wauM
sider, with respect to this aingle point,
this paper is sufficiendy pram in i» i
80«,uidvel.l
^
%
J017
for High Treason.
A. D. 1722.
[soe
["t ift IS to be reftd. Mrs. Mafon an J tbe
^en Inve endenvoured, by a jun»hling
\t» piofe ibe idetility of the pajiers,
!• hand tbem down frism one tti aiiotlier:
tl«w ilo tbey af^peAr to be of Ibe prisoPKM'^D
Wwtimg? Mr, D«y ley says, fun ili^eii or
jCBiTB ag^o be nasi bii^ cl^rk ; tbat five
jwta^o b^ reei^^'ii'ed letters ii-mn bitn; and
|kM%»ekirfty founded bisojiitium tbnt it was I
iba fnMper's hind wriUDor, because be bud
It with those Inters, and tbat ibe
like: and yet tbtwe letters wilb
eomparett ibis^a^Hfr be baiH not in
ama m produce. Tbis u tlie 9iib!>tance of
ilnlij'a evidence.
A|r [0fd^ I humbly insist, tb»t thii is not
and if coi»]mri«on i)f baiid» was to
?^ aairely Ibis would m»l do, uiikfisbe
those jiaperSf oti wbirh bt* oivns be
bim u|iiiiion. 1 refer it to tbe jnrv,
lie rnay not posfiibly, nny probablVi
ermu eons judgment. Abulia man be
itiii i.r hirt life, liecuose tbe witness saw
II years a{fn, and received letters
yeiirs ag-o i* i?^ any ibiiiir nnore
_ iban H mun^s bnn<Utviitin|j^p Cmi
4Mll»r of yOM, Creotlefiieti, take iipttii you to
ay, i»bal *s or iii not \rntr Hritiiicf alitr s(>
{vUi a Jf oiftb of time P ' Would n*ti i\m difle-
rcBlaubjccrts, tbe one a coiimion btter of busi-
am, tile oilier a treitMrnnble sfbeiopf make a
weuMe rariatioD er en In a inairti utiuaj clia-
e caae of my lady Carr is reported in Si-
I, fol. 4I9« and was u|mn nn iiidirtment of
an otJipoce of a tmitiU h«f»r ntiture
wrbai ibia genilemao i« mow iriet! ior *
lhai«r « witofsa awore be believed fbe fiajior
apadtmst m roitrt to be ber band- wi iltn^r^ yt-t it
wdtuH tnaiimit tn micIi a proid as to nuike ber
(nby ; N»\ , tbe Courl miA expressly, tliar ii
via rifit rvid«-nce, and s^bovdd not be Lidiniltt'il ;
laA «. V tbe was aequilletl. Jlot iIim
I%Ih i'V is wbat Air. Iton^erford batb
attiiril, t^}*; till of pitrbaiorni tor (be reversal of
Ikt ait4it>itrr of eolotiel 8o)fiey ; anrl ive bare
i9ito«a« bete ready* ibal rxaotined it witb ihe
monl, tbat provm it to be a true cop)'. Al-
ftraoci J^idnry was a Mai ore tl of bi;;h4reasoii by
■nibindt? of liaiids, aud ibat Mfna tbe remon of
tlMfrtrrvab
Hk two oejtt wilnensea are Mr. Defataye
Ml tir. Hian^no^ ffrnttrineti of honour^ and
w«*tiUl liOl Mfain a point upon any aet-finnt
fifr. Mr. Delafnye ibitb not know
vMirr ilii» papr waa on tbe lable. whtn Mr.
|j^ >»Mn ritainiuMl lefore tbe lurd^ of tbe
iMi«r»l« or no: Mr. Hiauyaii nuyt, be was
iPiii ■ ImI orarcr tbe table, and be lakes tire
f«pr It at t» 410 w proilueed to be tbe f^ame
pfttr lKa»l «ra«t ttmoi tbe table in tbe room W*
tncvlAwkirdaof ibe numril, wbru Mr, Layer
wi» Ibfifv • W*eause when it w us produced
llwf«' V o to bitn, be said, I sboubi bate
wtmk I slioulrl he b^iljfed.
II «^ o« «»^ tbat be never was asked
Ibt '. ^^ bether it was bia baDd-vrntiot;^
or DO? How then sbouM be deny it, if it wat
never nut to bini ? Aud tbe refore to say, be»
c^\u(i be did not def)y a ipieslion ibat Ha»i never
askifl biin, that tbat ^ball imiM>rt, as to tbis
puHirular maiterf a eonfi^ssion, i» to me fitrange
and ntiaccountiible ! Tbe natural sense of tbe
prisoner's wordw, as proved, is no more than
tbis; Nop if I bud writ it, I sboidd have rather
*vrote arms ibut should be Iwlg^ed, than arms
tbat were loflg^eci Therefore, my lord, we
bumbty apprehend they have not given evi-
dence m this case, sutftcient evidence to sup*
port the reading of those pa[>ers.
Your ]ordsbi|is are now to by down m per-
petual rule of evideucc: for latest posterity will
pay a just regfard to the present dtterminutiuoa;
and if comparisan of banda in tins cajie be al-
tovicfl as evidence, tbe same rule must for ever
hidd in all parallel cases; and <iod kuowi
VI hat may be the consequence of such a revo-
lution, Or who may be affected by it.
Sf-rj. Frngeiiy. My lord, we l>oj»e th&t nol*
viitbstanding wbat bath been obiected to the
reading of tbis paper, we think it proper to
have it read : though ibc*y have mentioned
sonic cases for to maintain their objections, yet
the latter aulborities, and the constant course
of evidence since, as we tliink, are diri^tly
w iib us : as tbe case of my lord Fre%too, where
ei|ilil or nine of the judj^es were present.
Jn the rase of the lady Carr, there is that
opinion insisted on g-iven at tbe end of tbe case
in a sliwrl on intelligible manner*
(Here Mr. Hony^eiford interrupted.)
31 r, Hungrtford, My lord. 1 do not know
wbelbtfr vrc sIjuU be at hbeity, v»hen the king's
counsel have done, to read tbe act ; and tber e^
bire 1 otfer it to your lonliihip's consideratioo,
wbtlher wetiboubl not read it now?
L. C\ J. Heiul ibe act id p:irliari»enl.
Mr. Krtcthetf Call Mr. Tlit^eilain-
Att, Urn. We are apprized of ibat act of
parltanieiit ; I have an examined copy of tbat
act ; but we ap^irebetid it will not eocne up to
wbfit tbey lite it for.
Mr. KtUiLri/. We have five acta of parlia-
meni tbut we have examioed with tbe records ;
we ibd not kut^w where they would fiboot at
us, and therefore were rraolved to be aimed
C«p-a-|K'e,
8erj. Vcn^cHy, As to my lady Clarr's easef
it will be brird to mLiintaifi that opinion, because
tbe letlfiH I hey produced uere not in tbe di-
rect instance of the perjury.
I^eu the art of pai^liamettt, wbicb tlifty pro-
duce, it ttiketi no tire, that a paper wa^ found in
tbe cbj*tt't of Mr, Sniney, ainJ wa- read* with-
out provin;^ it to be bis own bniirl'iiiiitrO|^: is
tbis paper louud wiLbout any ov^iiir**; iind ac-
knoviledgiof^ it by the nrisonrr? r-«nf»tthis
paper delivered by Mr, Liytr himself to Mrs,
Mason r Had nt't be this pnper in bis custody,
and it f»roc^ded tVom bim P
in the case of my tord l^esion, there were a
fifreat nuuiber ol jud^^ts, my b»rd chii f juNtice
lloh^ brd ctiief jiiiitictf Hollexfen, and others %
90S]
9 GEORGE I.
Trial of CkrUiopher Layer ^
there the iDdtctinent of my lord Preston was
his adhering to the king's enemies; and
amongst other overt acts alleged, his carrying
several papers of instructions to inform the
French king how to attack the kingdom : Mr.
Warer, who had been an under secretary to my
lord Preston, swore, that he believed some of
those papers to be like tlie lord Preston's hand,
and they were all read in that case by the opi-
nion of the whole court, though they were the
very express overt acts alleged in the indict-
ment itself: how doth this stand here, sup-
K«ing no use is made of the evidence of Mr.
oyley ? When this paper is shewn to Mr.
Luver himself, before the lords of the council,
and was mentioned as a paper of bis own writ-
ing, and he is asked how he come to write
arms that are said tliere to be lodged ; his an-
swer is, I should have wrote, arms that sliould
be there lodged ; is not tliis sufficient evidence
to prove a confession ? Doth not this amount
to an evidence of his confessing it to be his own
writing? So here is, as we apprehend, the
evidence not only of the thing itself, but like-
wise the prisoner's own declaration, that he
was the person who wrote it. In sir Henry
Vane's case, the warrant given in evidence
against him was proved only by witnesses who
believed it to be his hand ; but here is a particu-
lar fact which (we apprehend) amounts to a
confession, and is a proper evidence for the jury
to consider of, whether this be not a confes •
siOn.
Aii, Oen. My lord, I apprehend that we
have given very proper evidence to entitle us
to read this paper : my lord, J beg leave to ob-
serve first, that it hath been proved that this
paper was found amonir the papers which the
prisoner delivered to Mrs. Mason, to he kept
for him, which were seized in her lodgings, as
the witnesses have before acquainted your
lordship, and if that were all, this paper must
be read. As to that, the lord Preston's case is
direct in point, and so determined by six or
seven judges, tiz. that papers found in the
possession of the prisoner may be read without
further proof. But we insist that this paper is
legally and regularly proved to be his writing
by the evidence of Sir. Dovley, and the pri-
soner's own confession; the counsel for the
prisoner have mentioned lady Carr's case, and
the act for the reversal of the attainder of col.
Sidney, and say they have a great many other
cases to the same purpose.
I defy them to shew any one single case,
wherein it has been determine<l, that proof of a
person's hand by a witness, who swears he has
seen him write, and knows his hand, and be-
lieves the paper produced to be of his hand-
writing, is not a sufficient proof, in a criminal
prosecution, that that paper is such a person's
band, before my lady Carr's case : if that case
does support the opinion they have laid down :
in all actions such evidence hath been con-
stantly allowed ; then 1 shouM be glad to know,
what law or what reason has made adiifemioe
^ to fuch evidence, between d? il aetioiyiy awl
[9M
criminal or capital prosecutioiM. Ai ti i
lady Carr's case, the book is Toy i
obscure ; I believe the prisoner** com
not make it support what they now (
for.
Lady Carr was indicted for pajnry,!
posed to be committed in an maawer wmh
her before a master in chancery : what iili
said about a letter, does not appear at alts ta-
late to thecase there ; and if any jndgoMlw
down such a position, as has beaa OMiliaBil
by the other side, the meanmg moat he^ Ifaak
an answer on oath shall not be fUailai Iv a
letter only under the. party's band ; and ttaft
such a letter should nut be a sufficient I
to convict him of perjury.
As to the case of col. Sidney, it ia i
known that he was a gentleman of q«iail|,i
in his study a writing was found, tI
neral Treatise of Doctrines and "^ '^
▼is. AOa-
were very distasteful to the then _
writ in answer to a book formerly
It was not a scheme for raising a rel
was it designed, for any thing that _,
that it should go out of his own doaet,
papers being seized, this paper was fooad fkttn
among them ; and for this he waa inJiflhi.it
high-treason. It was generally Uiod||ht tfH
tremely hard to make his having by biai mm
a general tract, writ in answer to a pailicalia^
book, and kept private in his doaet, an 0faa%?
act of treason. However, he was fbnnd fsil^'
and attainted. No wonder then, when tt||r.
came into pariiament, that they
proceeding, and reversetl his att
the reasons recited in this act, as ii
for this reversal, are accumulative ;
taken in that proceeding is complaii
there is not stress laid only upon the
this iiaper, but
The act recites, <« That col. Sydmnr,
means of an illegal retom of the jury, ij
nying him his lawful challeogea to toe |Bi
men, for want of freehold, and withoot '^
cient legal evidence of any treasons
mitted by him, there being produced a
found in his ck)set, supposed to be hb
writing, which was not proved by any
witoess to be written by him ; but Ike
was directed to believe it by comparing it
other writings of his : and besides tnt "
so produced, there was bi|t
prove any matter against him, and by a
and unjust construction of thestatutci a^
sons was most unjustly attainted." A*^,
the act reverses the attainder. Surdy* ^
nature of the evidence we have given, U» V^
this paper to be the prisoner's hand« *^T
sidered, it stands clear of any materi^t-^^
tion that can be raised from that act J*^
not barely proved by a comparison of ■■■■
here is a witness, that ofteu saw his^ T,
swears it to be his hand- writing: tby^ TJ;
multitude of papers, some oflmd to ts^B^
by similitude of hands, and every mm ^"
waa read in my lord Preston's ease. ;
JBaaiflhap been ia that, whiohl b« "^
^fm High Treasrtft,
I ft cmifcssioii by 51 r. Layer, I but
hl*^ ^^riung"; if ibe question
Iter by tlte 1r»r<ls uf ibe
-xver are cousicJered, it
lin confcs&inn of it ; tlieretore
k it, that we hure given a suflS-
ffrr the readisg of ibis pat>er ;
f shjill haTc yaur lordship's di-
IsbmH he read.
"odicr of the kiog^'i} counsel of-
If there was any occasion, you
»srd; hut there is no occasioo.
" : ' fty the witnesfieji that these
vtr. Layer's possession, that
. ,,..;u to Mrs* Mason, that sbe
ft up in her trunk, aealed as they
rrd to her by Mr* Liiyer, and after-
i'lA of her trunk by the messen*
^t rf ifi^y rest it here', and no other
bt t u ijiven ; the papers ougbl
1 bt-.ujT W\s papers, which he once
tiou, if nothing else had been
in the werld be an authority
t^an that of my lord Presloo,
hicb were in his custody,
tody, were read witbout
T'M-n uva they were \m hand.
oasider, this g^oes further ; it is
Ipcr found in his custody, but it
Rten with bis own band I How do
It?
Iter of tins gentleman tells you he
rk. lived ^ilb him two years; af-
ned letters from him about
business lie did accordiu;^ to
oil ol thosa letters, and was paiil
f by htm fur it, and that he believes
*" ftd. If they had g-one no furlber,
I ba?c doubted, hut that according
cour»e and ride of evidence it
Then they make an ohjec-
hnw h»ij|p Jt ii since he was his
lahout H or 15 years agjo: his
I altered iu that time ? ery mnch ;
can you swear it, when it i!% so
~"|iv htu i,an,| ? Why, says he,
ir'rs from biru five
ix Ills ai/ent ; ihii*
Tr T , be sent
■♦lit I nt' letters
sd Vi^iib this paper, and from
I Wirre that his tharacler is not
pow do vou know be writ those
iwtri'd tlio<ce U'lters^ and they
' ' ifi which 1 did for him, and
Id me %ery hon«»«rably for
I ■ \*ctehis writ-
ii notchnngcd
Bp«ii nil \rbolc mattc:r,
»r tt tu b*» bit) own hand-
T, ihii ift ronliru^r d by his
i I bill if ii bad bren an mde-
it is an evidtMice sufficient
Itkk |is|icT read ; because if «
A. D, ITflt.
[20.1
man says* be verity helieres it to be his hand*
wriking, it is always allowed to he read- You ,
did ask liioi, but upon what g^rounds do yoti
believe his character is not chanored? Wh}^
says he* I do principally believe it from th«
letters I received from him, which 1 should
have doubted on the hand, which he writ 14
years ago, whether it wa^ changed or not ; and
I believe it is not changed, because it is agree*
able with the characters he writ, when be wai
my clerk ; and upon the whole, 1 beliove it to J
be his hand' writing, ]
Then ibey tell you of an examination of thti i
genUenoan before the lords of the council;
when they asked hiin about arms, he knew no- i
tiling of them ; then they shew him this papei*,
and ask tan), bow came you in a scheme, all
of your own hfind- writing, to say, arms that
arc provided;^ What was more natural ihuii '
for him to say, here is a paper that doth men-
tion it, 1 deny it to be my hand-writinGr f Bui
be was sii far from denymg it, that as the plain
sense and import of the words spoken mu^t b«
underiitood, he owns it to be his hand.
It is a mistake, says he, I should have wr
which shoiihf have been provided.
How should he have writ that, if he had not' |
writ the other ?
So considering the whole cantexture of thK I
business, and course of proceeding, it is, and '
I believe none can doubt it, as idaiuly proved |
to be his own hand- writing, as if he bad said
in so many words, it is my hand^writiug, H
must have been read as a paper found in bit
cnstoily. The other evidence, that is given ttKJ
the jury, will be a matter proper for their con- j
sideratioD ; but if that evidence had not beeu^j
they must have been read ; they offer that ag j
of greater import, because it is of the prt* J
80 net's own hand* writing. 1
You tell us of the lady Carr's case, which J
was an extraordinary case, when she in hef i
aujswer in chancery swore that it wa^; not her .
hand, they come to convict her of perjury, by*.
proving it to be her hand by a letter "they
produced. J
Gentlemen, there is no pretence to make^
this a question. Do you think that the paprr .
wfntb you offer shall con%'ict llits woniJin of jl
perjory ? No ; when she had s^vorii it wagfj
not her hand, they' come to prove it by a wit*^
iiess that says he hehevf^s it to he her band,^
because they produce a letter, which they say^J
is her haiiiU Upon thi^ the Tourt d*ftt^knune*»i
that this evidence shouhl not be allnvrcd ; IIihIm
is, that it coubl be of no con^efpience lo Ijilsify t
any mutter, which she barl declared u{»on oath, l
But as this cane its, sure iIi^tc is mit !he leastJ
doubt but if the proof of his hand bii<l heeni
out of the case, H must be read a« a pafK?? 4
that was in his custody, and taken out of ibeJ
custody «d' one, v^ith iUi(»oi he hail depoHite4||
it, which is provoit tK*y(iitd nil ronti adiction. ^
And in the case of my lord Preston, and iii^
a thousand eases, it bath hten so, and u
was denied*
True, U'they come and sAy* it this his li«nd f\
n
9 GEORGE I.
I Ibe witneM says I «1oiiH know whether it
bis band or do ; I have seea something of
i haDil, and I don't know but it may be hiif
lod ; it is not rig^ht : but the witness must
round bia belief stronger; 1 ha^e seen bini
^rite» and I know bis writinj;, therefore I be-
iere it to be bis band. II* tbey had rested it
m that, that the first evidence knew bis band
14 years ai^, that must be lefl to the jury,
wbeiber tbey believe Mr. Doyley's evidence ;
because, says he, I saw him write 14 years
ago. The possibility of that, if there was
nothincr else in the case, mi^ht be left to the
jury, whether that evidence was sufficient to
iatisty tbem that it was his hand. Upon the
whole, never was any thing clearer tlian that
this must be read as a paper found in his cus-
tody, that hath in the usual manner and method
the proof of being his hand- writing.
Prixoner, If faro out of time I beg your
lordship's pardon ; I will not take up your
brdship's time ; 1 only beg a word or two ;
whether there is any legal evidence as to the
publiftbing ; the indictment says, *' publicavit
quoddam malitiosam seditiosura et preditiorum
8cri|>tum," and that is not that, that is the de-
claration.
£. C. J. WbateTer you say or offer, although
h happen to be out ot time, we will dispense
with you, when out of time ; but what you
offer now is upon a mistake, we are not upon
the paper you should apply it to, that is, the
matter of your declaration, but we are upon
the fcbeme-paper, not whether you published
it, but whether you writ it. *
Prisoner, 1 am charged in the indictment as
publishing a malicious, seditious and traitorous
writing.
£. C. J. Yon are charged with that as an
overt* act of the treason of compassin^r and
imagining the death of the king ; that yon did
publish a malicious, seditious, and traitorous
paper, that is the matter of the declaration.
The matter now is, not fur publishing, but
whether there is a reasonable proof given that
it is your hand- writing.
* <* Writings of tbis nature [tending to
vilify or disgrace the king or to lessen him in
the esteem of his subjects, or uny denial of bis
right to the crown,] inasmuch as the very act
betokens greater delibei-ation and malignity ;
may, I think, with strict propriety, be urged
more strongly against the writer, as evidence of
a treasonable intent. 13 ut this must be takpn
witji some reserve. Writings plainly appli-
rablc to some treasonable design m contempla-
tion are clear and satisfactory evidence of such
desij^n, although not publisiied. if, say Mr.
Justice Foster and Mr. Justice Blackstone, the
papers found in Sidney's closet had been plainly
relative to the other treasonable practices
charged in the indictment, they might have
been [legally] read in eridence against him."
See East's Pl«u of tbeCrowDyCliap..a.nelr M6r
and tba booka there rdanad I0b
i
•1
Trial of Christopher Layer^
Just. pQwyt, Tliis is only a
not an overt-act sufficient to ooBricC MS*
Sol. Gen. My lord, we offer tbiepi^M
strong evidence corroboratiofp pnd eninmi
every thing which bath been aim ly |
witnesses, and we pray it may be nai. ^
Mr. Hu^gerford. 1 was reading Iha
parliament when they- ■
Sol. Gen, My lonf, we miiat htg ^Kfm
insist U|H)n the course of proGCcding, that 4
counsel shoulfl not go on to aiyae a Mi
after the opinion of the Court baa bees giM
L. C. J. Now you have beard th9 epift
of the Court, you must not go on.
Mr. Hungerford, I was kMikiag apoo 1
act of parliament^-^-
L. C. J, You remember Fraiicia*a
there was a letter taken up at hia Ma
was disputed whether that should be read;
last a witness came and said, 1 have
write several times, and I bdiere it ta be
band ; and it was read.
3Ir. Hungerford. Ay, hastily
(Clerk of the Crown reada the SokoNL)
The Scheme.
Ah defkut de la force, ilfaut employtr la rm
1. Let the general, and only one ofiieer
note in tbe camp, agree upon a day for el
cution.
9. Let the officer that day put faiiaeelf <
the Tower-guard.
3. And as there is eight seijeanta, vis. thf
of the first regiment ot foot-guarda, three
the second, and two of the third, all rod}
an hour's warning to obey orders ; cariy I
morne, let the officer see a single person, na
ly George ^Vilson, who manages these
jcants, and give him directions to biingt
all to some convenient place at lour that a
noon.
4. Then the officer must give each set
money sufficient for the purpose, ami
'em, that each serjeant order 25 men (ir
together 200, which tbey have ready)
singly out of the camp, and meet toge<
church-yard, exactly half i
past eight in the evening, when and
anrither officer that they know, must in«
and take tlio command ; give 'em '
ready loaded, and march wit)i them ii
to the Tower-gate, at nine tliat night (
5. Our friend, the officer within, r
cisely at that hour of nine be on tbe
the Tower-gate, and seeing this bod
apiiear, order the garrison to let 'eo
recruit sent to the 'i'ower- guard.
6. As soon as ever iliey have enter
the arms at the Tower gate, shut tl
and secui-e every one iii tbe Tow
officer on guard gives them order
hut not to shed any blood.
7. The Tower being thus setB*
oal« a anall ffturd there under tbi
. and tbw, with aUtb
^■pOB to cog
1055 TK^^^ftf HififA Treason,
JOQ, marefi diTA^ty to the Excliang;?, where
^ fre;«4 4twra B»^ bfi ready opened, and the
\m person.
%* Jl ttie exact boor ofDtne, that the Tower
I be Ihiis seized, the (persons of some great
I tt^ be Atresled at their houses, bronchi di-
the city, aDd delirered to the ge-
"Hiat tipoQ our meeting^ at the Exchange,
ed PfocUmation tw be spread about ;
of the city to be shut up, and pieces
brought dovi^o against 'em, hut every
ilemres to enter the gates » before any
fbrce appear, to be admitted to come
after the genera f has appointed a guard
l^te, acid inlet* of the city, with proper
tit command there ; kt him march
l^oeral rendezvous under the cannon of
^Tower, and order the lord mayor a good
f«H to wateh over the Bank, but iirit take
wmm frr>ni thence to the Tourer, in order to
10. Tbut OD the morne of this same day,
J t*j have an inter view with some
«btf prhictpal ofiicer of the camp, and order
^^^ to eognge alt friends to attend at their re-
'\tm posts» and expect a token * to he sent
l9Cftcb of them as that very night, on receipt
^ «bich token, thty are to draw their men
9^ And march directly to the artillery in the
emp, a$ a place of genera] rendezvous ; and
fkaH Uie captain of the artillery may not be
llirBied, let this principal omccr previously
wnA a message to him, that orders are come
Irom tbe general (Cadogan) to double the guard
«f tbe artillery, on a rumour that li spread of
dK mob l*eiog np in the city*
It. The party being come to the artillery
with the said principal officers at the head of
'on, let ^em immediately draw tbe gnns round
'ro^ and stand U|K>n their defence, without
fealdog any deula ration, until the said principal
■ficer, who commands in chief there, receive
cerlMti inteliigence-f from our general that the
tWef is seized upon, and the city all in arms,
md tbeu under a pretence of securmg the king*s
Msiofi from the insults nf the mob, kt this of-
iber make a detachment to take him into cua*
tnihr, and send him into the city to the general
•t&t Tower.
I U To facilitate the«e proceeding*?, let the
rMperal the same day speak to the horse-ofBcera
' s ibe camp, who he knows to be our friends,
Hi vpofi the Tery first alarm of the city's bar*
lif rerotted, lit 'em march their men to either
Ulgale or Newgate, on pretence to suppress
Ifct mob ; iind when they are at the gnt^^ as a
feben of their being friends, let the watch-word
fca * tbis morning/ and upon giving us the
• It may be a note in writing thus : Sir,
In meet you at nine to-night, don't fail me.
1. S, lonner Edition,
f k v»*rbal message by a third person that
be by, when the general und this chief
Con«Hlt together liH morne. Former
VOL. XV r.
A. D. 1752, (Sl6
word there, to open the gatM and let 'era in,
and as soon as they are entered, to march di-
rectly to Tower- hill and juiu themselves with
the general tliere.
13. Let the general also the same day or-
der four of the half- pay captains to take upoo
them the following cummandij, viz.
14. First captain to go into Southwark, and
exactly at the liour of nine, to make a bonfire
in the fields there, and give some money among
the mob ; end ^vhen you have got a number
together J send an account to the general^ tukc
the arms that must be lodged there^ and distri-
bute out amongst 'em to your acfjuaiiitance in
the first place, and to tho<>e which they recom-
mend, and then issue out the declarations ; and
after the receipt of a token from the captain
next mentioned, whn is to command in Palace-
yard, to ferry over tliilher in lighters, wiih the
watch -word * this morning/ and join the cap-
tain in Pa lace- yard.
15. Second captain, exactly at the hour of
nine, to be in Privy*garden, adjoining to
White-hall, with a few gentlemen armed,
find seize upon the great guns there, and then
spread the declarations, and stay there under
the cannon till a greater body join you from
Soulhwark; or otherwise nail up the cannoni
and march directly t(j the next captain in St*
James^s-park with the watch-word ^ this mom^
ing,* and then send the token, as above, to the
first captain in Southwark, and let the mes-
senger jou send conduct him and his men to
you in St. JamesVpark.
16. Third captain at the said hour of nine, to
go into St. Jameses- park, with the key that t«
given you of the private door out of Arlington-
street, and appoint only some few gentlemen
lo meet you there exactly at the hour and
ready, f»ne to have the watch -word you give
them, which must be * this morning/ IjtI your
first rendezvous be at the little grove under the
wall near the gate leadmg to Hyde- park, and
there you will meet fire-arms ready charged*
Then march down to the parade next I he horse-
guard » and seize upon the cannon there, and
ammunition in the store-house ; and the better
to secure St. James's- park for a place of general
rendezvous, you shall have nn officer out of
the camp exactly at the hour of nine come
to your assistance with some men, as he and
you shall agree in the morne of this day, nnti
as soon as you have seized the cannon here, and
ammunition aforesaid, you are to put your-
selves in a posture of defence, and puhlisfi the
declaration, and send forthwith to the general
at the Tower to let him know of your siluotion^
and also send to the captrtins iu Palace 'yard,
Southwark, and Tultle- fields, that they imme-
diately come and join you.
17. Fnurtii captain, exactly at the hour of
nine, the evening of the tome day to be in
Tattle fields ; raise the West minster mob
there, and with the arms that are there lodged
equip them as you can: piihlisli the decfa-
rations, and march to St, Jameses- |»ark directly,
and join trilh ihem there, wlio, on your givingi
811] 9 GEORGE L
them the watch-worJ, are to admit yon into
the park.
IB* Ho tiere helag two bodies of men Ibus
fDtleo l(H^etl»er the first ni^bi, riz. ooe on
ower-biU and Ibe uiher id St. Jameson -park,
(besides oor frieoda at tbe artjtlery in Iiydc-
park.) Tbe D€ja niorijing", if not'tooocr, let
aur |Feiieral order a detach metit to Lincoln's*
ion-oelilfl, and soioe caoaou to be placed on
tbe terras cvf ibe garden therei lest tbe eacmy
come in tbere between 8t« JametVpark and
Ibe cUy.
19* A proper eaplaio must be appointed to
Ibe watermen belonging to the Thames,
previous to tbe day of executioOf be muit
f with the duke'.s Largetiian, thai upon ihc
i noiice lo be given them, that they abrni
ill the watermen t and bring them lo a r^jodez*
DU« the same hour of nine that night of exe*
lion, and tliis captain^s rendezvous muU be
Greenwich, where be must seiste the ma-
1 of powder, and take out such pari of it
ch man will carry, then blow up tbe rc&t ;
ch from thence to the Tower, and join his
with Ibe general there, to whom be must
St send a messenger with the watch word,
and an account of bii» numbers*
90. 8om^ time before execution, the general lo
•end a mensenger to particular men in the couo-
iry, that Ibey rise in ibeir resi^ective counties
|vpou Ibe 6rsi news of n hat is done here.
*2U All officer, &c« to go to Richmond, and
at the exact hour of nine to seize upon prince
VnUy Man, and brintjf him away to 8oulhwark
Ui some particular plat u appointed, where an
ai^eni from the general mu&t meet them with
his furtlier orderi.
8crj* Pengeliif. We read this as an ev rdencc
liat cannot be mistaken, which is all of his
vn baud- writing*.
AU. Gen, My lord, we apprehend that this
imtirms what both the witnesses haresworu.
[^ iievj, Pen^tUi/* We ftball now produce some
ei fipts fiuh«ciibed by ilie name of James R.
_ nd pray that they may be read, these were
' kkewise among tho&e papers, as hath bctrn
prored in the manner you have heard already*
CL oftheCr. reads one of them.
* I acknowledge to have received from
♦ the sum of which sum
P J promise to repay with an Interest for it Ht I he
'rate of peraunnm. Ja:^ie«j K.*
/*, C. /. They are not read as if proved, the
lud is not proved, but as papers found on him.
I 8oi» Gen. In my lord IVtston'i case, his
1i»rdslilp was taken in the bold of a ship Iving
upon the ballast, and Ashton there near liim,
and between his lordship and Ai»bton was found
lying also u^ion the halliist, a packet of papers
\\^ -r^: ^ hton t:natched up, and put into his
J 1 1 vv h e iicf ill ey wc re | inseot ly taken;
iUi- ,.,.,, u hich appeared to he my lord tVes*
biotrs, when he was spcictary of state, were
Ibimd lying near to the papers. Upon this
^roof Inose papers wet« read as evidence
Trial of Chrutopher Layr^
[SIS
against my lt>rd Preaton^ witlmal any proof
made of tneir being bis band «^lang, m order
to tbe reading of them.
BIr. Hungerford* My k>rd Prest-ju was I
on board a ship going to F « in i
with England, these papers ^ i m{
bosom of Mr, Asbtoo, who was gning wiib bj|
my lord endeavoured, so far as be
throw them over-4>oard: Tbe " _^^
turn upon tbe papers being writ bjf fl^H
Preston, or not ; in my lord Preston's cSSSf
papers contaiDe»d a diiicovery of tbe
of the fleet and garriaons of EngltBii
France, in order to enable France tof8«aile nsj
it signified notbinff who writ the
crime was ibe ljaviu|^ ibfm, ki
ctioicuts f>f (hem, and endearouriog
them to France, so tlie circuii^tancai of my
lord Preston widel v diifer from ibia.
Mr. KeUlbey. I he^ leave to meatioo
ther thing, there the papers were fouod in
custofty of my lord Preston ; herif ihvy
found m the custody of a third person^ v
evidence we shall controvert by a numljer of
witnesses, w hen it comes lo our turn. 1 be*
lie ve it will appear that some of the papers wera
found on the table in my lord Presto n*s caaCt,
and others taken out of bis pocket. —
Sol. Gefi* No^ they were first found 1]
on the ballast.
Mr. Ketdhty. What were found on Af
and liken out of bid bosom, were seen 1;^
on the ballast ; but there were otber }n|
icized at that time.
SoL Gen, Tlicy were the same papers
were afUrwards taken out of Ashton*s '
which w?reread as oviilence against my lonl
Preston upon the circumstances I have men*
iioned.
Mr* KtUtbty. As I remember, some of tbea
werti found on the table in the cabin.
Just. Eyrt, ^io, the^^ were on the ballaat Ja
the hold of the ship.
X. C, J. You say that they were found in
lord Preston^s po^ ess ion, and iKit in the
session of Ashton ; you say my lord Pi
bad no counsel, but you know ii is the
the Court not to sutTer auy tbiug to be
evidence thai ouglu not. You say yi
controvert this matter, and give an answer to il,
^md thntit appears they \iere not in his cuj
they were taken out «f this witnesses c<
and under \\\^ seal, aud thei-efore the diffei
it makes i«» nothing at all. Besides, the pi
in my lord Preston's case is not so stnnig'^
the proof of the scheme against the piisonefi
because the scheme is proved to he his own
hand \vriting, v^litch was not in tbe caie of my
lort) Pieston.
Mr. Ktteibetf. 3Iy lord, will not your lord'
ship think it necessary lliat they give further
evidence that they are his papers betore tl
are read ?
L. C. J, riead tliem.
Ci. qffheCr. ^* I acknowledge to have t«^
ceived," ^c. h«re are ten of ibem, that are
same.
ffIS]
for Hi^h Treamn*
A,l>. 1722.
fSI4
6crj« Ptngeliif, Mr. Sfanyfto^ ^o yon re-
••iBl«tr «»li«ther uny r|iii*HtiotiK were a&ked him
rilli rdflliofi tfi ihci&e rtf^eipi ,.>
til. Wliat I recollect is this: upon ilie
J Mr. l*aytT ibf tneaijiutf of tho^e
rmtiett by Ihe PrelftwIiT, ami vUiat iis^
iortbero, be said, ^* that fKirmirtlietime
tn««i At Rome, he hnii ftetiled a corresprMi-
4mim vitit sir Willmm EHi^ nnd some litiie
whrnwrnim be writ to sir Willi»Ei^ EWm acciiril-
la^ l» flie clMt-cljoiis be (pive Umu axid lie told
luiiWAf Itc could send any recei|>l» sigucd by
lifywty, or the kioff, as lie called him, bV
Him^ motir y mi(;bt oe rai8e«l iipoo lljem for
flnyjo^ iio the caiij»e,^* these were tbe \^ ord^>
aiMarct I ran remcmher.
Jlir '' - ^Tr, Delalaye, «a^ you b\ ?
Mt It was for mibitit; rn'^iipy ^^
firn v'fj i.i^ oause, you iiieati &ir Willmiu
tMit e»v*e f-^S/anvan. No, Sir.
Nt iittn^ctjh/d. He ucknovvledj^d to bave
f«0fi4 ttnem from sir WiUmn) Elbsf
SUnvnn. Yes.
Mr Vou saiil he owned be bail tbem
ftni V lu Etlis, havings fiptllt'd a corres-
■HiliDti wtlit Uinit that money might he raised
M tbckv to carrv oil \m cause; he told you be
U tMrnusM 10 ^Q for sh Wiiham EHis ?
fifiiip^«si. No. 1 know notbiog^ of sir Wjl-
fijin r ^ ' ic^ess, bul that he had appoitited
li <U) ith itirWdlinm Ellis, and sir
ii\ c^jnH i;r'^v^ tiitu bis address how to di>
t biin, «iid he acknowb^Iged to bave re-
I a letter or tetleni from »ir William Ellis,
m Miut: of ^ones, and that be writ to hitn
s*^*"- *f^ th**m, *
[r A re you sure as to those words,
Qii MurpoTi of tliem ?
St^tyan. I thitik tbey are near the words,
bwi. I till sure Ibev are tbe ]iur)iort of tbem.
Mr, Ktttihey^ Was it reduced into wrilinir ?
Simnytin. It was reduced into writing in this
■ttuoer* It was a fery lon^ examination,
iloal foor or Bve hours.
Mr. Ktieihey, 1 ask you, whether it was re-
kaeei itito writiog^f
Sitn^n, Yes, it was ; the lonls sent to me
toaflial Mr- Delafaye, upon Mr. Layer'b bebg
auDMied i Mr« Detafaye took the heads of the
i prupouodei) : and I sat near tbe table,
Qfer Mr. Delafaye ; attended to the
and answers; so that we ooold set
I aiMlther right wbeo we came to coniiider
Ir. Kcuihe^. Tbia you wrote, was it read
rif> the prisoner?' — Stanyan, N<j»
Hr. hciciUy, Do you be tie re tbe priBrmer at
""" you write?
. Yes, I bebefebesawus write.
Ir. iCetelifey. Do you beheire be thoug^bt
ttj |»c-r%ofi was ukins^ his confession in writ-
rngt'-^Sianuati. t think it cannot be otherwise.
Ilr. Keiethey. I ask you, do you bebevethat
Ur. La^er knew that you was taking his cod-
i^i^Bfiat that time?
Simmjf^n* Tbe lords spoke thus ; Pray, take
Mtke, anil tbeo take dowQ sucb a tbiog, and
I such a thintf ; ami T believe ftlr. Layer heard
Ibem savi Take down that, ^ind take down tbtt,
!Vf r. ^ttcthcy. WnA it e?er known for ont- to
lake dnwn the questions, and the other the an-
swers; and ihpn to compare tbem together, in
order to make a confession ?
St any an. No ; Mr, Delafaye wrote down
tbe 4|uestions and answers.
Mr, Uungerford. How was the position of
Mr. Layer, wii'li respect to you ; was your back
orftice towards him ?
Stc^iiytiH, tt was on one side.
Mr Hungtrford. Was you in the room when
Mr. Layer came in tirst ?'
Sianyan. I wfts, I called on Mr. Layer by tbe
lords' order.
Mr. Jluti^terford. Was it ever read to bim ?
- Sianoan. No.
Mr. Hungct/ord, Was it drawn np in form,
so tljftt you inrght call It an examination ?
Slufiyan. I will ttM you what we imder«ilooil
by it ; it was the minutes of an exammatioii to
be drawn out in form : but the lords finding
Mr. Layer not so candid and ingenuous as they
thought he would hare been, did not ask huii
to sign it ; ai^il we only make use of it to te*
fresh our memorie!».
Mr. Ketrthey^ If e calls it an examination,
and it appears by what Mr. Stnuyau saitii, ibat
be and Mr. Detafaye took it ; onet^ke^ont
part, and the other takes another part.
Soi, Gen. He did not say any such thing,
Mr, KeUii^y. Hii confession was in^fer
read over to bim.
SoL Gen. Mr. Slanyan, when tiie lords
directed Mr. Delafaye and you to write this or
that particular thing, was the prisnnei so near
that in your apprehension be might bear their
lordships give such directions ?
St any an. Yes^ he was,
Mr. Hungerfvrd. Sure tbey are not contend-
ing, that any confession should affect a man^ un-
less it was read to bim , and it ought to he signed
by him ; my lord, the man ts no way answerabtsT
for an)' thing taken in writing, without bis con-
sent or privity, in a criminal case : it is called
minutes, or an examination, which tbey migbl
enlarge a?i they please ; therefore we humbly
submit it to your lordship, whether it ought t9
be offered in evidence at all as a confession.
Mr. Kctelhcy. What w ill be tbe canse^uence,
if tills be allowed here? Is a person to be con-
victed of treaion upon a confession taken, with*
out its being read to btm, and %vitbout his sign-
ing it ? A coufession to a justice of peace in
cases of felony, unless read to the party, aiul
signed by him, must not be given in evidence.
Ir. C. "J. Mr, Ketelbey , you seem to mistak*
what it ii that is contended for by the king's
counsel : they are not goin^ to offer any thing
to be read in evidence ; your object ion would
prevail, if tbey were a going to read a confes-
sion as evidence, which was neither read to
him, nor signed by bim ; but if there is no exa-
mination reduced into writinfiTt and signed by
the party, tbe consequence of that is, that Ihe
witness is at liberty to give an account of wbal
I
■
■
I
t
J 15] 0 GEORGE 1.
was said I and be may look to his D^tes to re-
fresh his memory : it' you will siy, it is uot so
great au eviilence, of so ^reat \vetght« as an
examination taken, and tiigned by the party,
there its some room left, some foundation ca
ail n pose the evidence may he mtstakeo.
He asya» he was examined l>efore the lords
of the council ; and he took minutes of hia exa*
tniuatioD : and atierirarda lo refresh himself,
be looks upon them and aays^ he heJieves that
ti the substance of what he conj^ssed at that
lime. You say, there is no precedent for it ;
for God^B sake ! recoil ect yourself, it is every
day done at the Old Bailey : if a person con-
feBsetl), and it he not in writing, they do prove
bis conft^ssion, viva voce,
SoL Qdn, My lord, Coleman's case, which
was during the time tlmt sir William Jones waa
sttOFoey f^enerat, went further than this: there
his letters were laid in the indtctroent, as the
^ery overt act of the liig^h treason charged
a^siM^t him ; and yet one of those letters wa«
nrored hy hi^ confession^ u|H)u an examination
before a committee of the Houie of I^rds $ and
that confession was proved, viva voce^ by sir
Philip Ltoyd.
Mr. Keulbeif. Whether that case will be a
prt'oedeni f 1 never beard it so reckone4l.
Mr. Hungerfard, And 1 ho[te it will never
lie one,
Mr. Delufa^t sworn.
8erj, Che%kirt. Mr. Delatave, pray give an
account what Mr. Layer declared before the
lords of the council concerning' these receipts.
jyclujayt, The account he jjave
L. C,J, Mr. Delafaye, yon was present at
Ihe time of taking: this examination ; you say
you took minute:* in writinjp;' ^ you have told us
the reason why it was not in form, and read to
Mr, Layer: if you have not already done it,
you may look to your minutes, and refresh
your memory ; ihut which the Court demands
df you is, what Mr. Layer did c^infess ut ihe
time of his •xamiuatioQ before the lords of the
council.
Delafaye. He told the lords, that he did
write to sir William ElUa, that he would send
over some blank roc^ipta under the king's own
band, that might be made use of, tor the carry-
ing on this cause : that he did receive such re-
ceipts, and his intention was to have tried his
friends, and to have raised money am those re*
oetpts.
8i»rj. Chtmhirt. Did he give any reason why
bf wifnt into that method ?
Dfitifaye, For a precedent, he said, a little
before the restoration of king Charles 3, a me -
thoil of this kind had been used.
Jtt, Gen, iVIy lord, weshnll now proceed ta
read the letters ihat were sent and pasted be-
tween tbem^sir William Ellis and Mr Layer:
biii ti will be proper first to lay before you the
cyplicfrs which they made use of to explain se-
vermi cant words and expressions, which they
used in their I tetters.
L* C. X Were the cyphers found among
Hr*L«jer'spftpciif
Trial qf Christopher Letter f
[S16
a great deal of pH
Alt. Gen, Yes, my lord,
Serj. Cluihire, Pray lead N». 38*
AH,Gttu I dcm't know whether we
trouble your lordship to read the whole cypbcr;
it is very long ; but %vhen %ve meet with a word
in the letters wfiicli wants ex|danaiio<k* we may
have recourse to tht; cypher* Read the Idler
CL qf the Cr. reads. This letter b i
Eustace Jones, &c.
"Dear Sir;
** I received with
and satistaction, a letter 'of the 2irh <
her, from my worthy friend, wttli all i
of \m safe arrival, of which I uaii in some
dtiubt before, and in no small psun oo that ac-
count: I easily conceive he must tjf^cdi liiv«
had a great deal of business on his retitm, as
well of hh uncle's as of his own ; and there-
tore, I don't think mucti th.it 1 tic^nl m
sooner from bim, believing he wa?« much bMlir
employ^t ^nd that busioets b to be preiWi^
before comphment.
♦* I was entirely of his opinion as to the me*
thod of carrying on the maniifiietoiy ; the pro^
curinq;: of f^ood workmen, is the first step to be
made, and if he can get such, the rest will he
easy ; and particularly if be could giitn 9oin€
of the ablest of Mn&. Barbara Smith's, 1 knofr
it would be very agreeable to all conceroed*
and particularly to Mr, Atkins, to whom bi
spoke of writing; and which, I am sattslled,
will be very acceptalde i and if he thinks fit lo
inclojie it to me, I shall convey it safety to hji
hands, w ho, I find, was very gliii to bear of
him, counrs ?t;ry much upon his frieiidslii|r,
and hopes for the coutiouancc of if.
" I made his compliments to Mr T;f..«»«t^*
Watson ^B wite, who t<Kjk them ver> I t
returns hers, with her most homtk :_:_,-,
She and her charge are very we(l» Oi»i he
praised, as are alio all friends here.
*^ He having read uver several tinirt the
paper 1 shewed him, and having a gtood fite-
mory, 1 dou*t think it necessary to tend % i
of it.
** I am with great esteem and respect,
most entirely, dear 8ir, your mftst atfectiontli
most humble, and most ol^edieut servant,
** El'stace JoTMtt,*"
*' January 30ih. For James Foun-
taine, ^W{, lo be leJt at HowelPt
cotlee- house, to Great Witd-sltvet,
London.*'
Att,Gen, Your lonkliip is pleased
member, Mr. Stanysn satd; that sir Will
£lli.*« was to write by the name of Jiiiitaa*
Stan^^an, My lord, he did suy, that he I
received a letter since he had i^etlled a cu
jHindence with sir VVthtam Ellis subsciribcd I
the name of Jones*
AtL Gen. la the cypher air William Ellis m
calle^l Jones,
CI of the Cr, reads. This letter is signed
Eustace Jones, dated GOtb Januaryi no yeftr,
*« De^ ^^ 1 ttoeivedt" ^c.
i
Jqy High Trtti^tmm\
Your lanJsbip will be pleased to
\ «X|M^MstonA iti ibU leiier, the |iro-
Ffvod worktDefi : now look in the cy-
\ • ttdUlicr^* are meaut by * workmen /
ry* MiiDijt) ibe cyjiliera; bui I
Uir whftt tiijitiutkctory tbev wanted
^ to r*i%e % n bell ion* ^he ablest
rfi«ra Hmub's; look tor <ai my* in
soil you tvtll Bnd, that is siguiiietl
It vvUl be %ciy acceptable to all
' : ii !,irly to Ml. Alkiuit ; in
rreteniler.* Compti-
l.iii.fiu^ Watson's wife; look
plicr«, null * Timothy ' stands for
wlii*»e wile is nurse to the Pre-
Tbift letter id directed for James
**4^. to be left ut Howell's coflfee-
Vdi|.5U-eet; nud 1 obser?e,
the prifitmer %vei}t by the
Nil. \% sre six ficliuous
V to them: Read it.
l^fAc CV« uads No. lU.
* Digby Dillon.
Urrrry Burtbni,
Ri^nt- Steel »
I f«— ^— Tannen*
.:^^. WngglU
Uogcro—piunkett,"
,'Of». Hriid the letter No. 40,
f/ jdi, Hi^edN*adaledthe
rrr'TiH wIlU all possible mitisl'jictian
D»- i:*telHier of mh May, with
*^v I was prenentty deliveretl to
^ bu took it extrcTiii* kindly ; but
^ uiidiT&t^nd wlMit relates to Mr.
n : ntir answer to what I
^Ur . last mofitbf may soon
t iiii¥e lieen, by what t then
•ritier CJitne sate to liis baiMls,
„..>^ ..) your not having- bud a dis-
•f Ift It : he liad the diiK^kinsjs yoa
.11. arid returns vtHiinnny thanks* tor
itl other marks of your af-
■\ for him and bis, and triU
\^*i thereof on all occa-
i expectation of heariDj^
• li, i&iid am, with all possible
ITI, tJciir Sir, your most faiiti-
.lant, N.C/*
'» e?M|. to be
, roH'ee* house, in
<'et, Lmdon,**
?rx UKiriithat N.C.F
, Ci£^ A^ J ^^^t^% we do not know^ tt is
I Wmmimmu «iq« Mr. 8i. JoHn
1tr« B«diit4 ftpy^eart to atoftd for
I CVss^ in tlio iilllfl C7pl««T.
iiiMiii«gr^«^ Li>#kiiit«ifc.pajieni>pray,
KjtmI iImb ii£iirr N«. 41.
r CV This is dat«d thi* STth May, it
MJMniVf isordtr«(rt«d t4» any bcidy ;
^^^ A- D. 1722. [218
'* Dear Sir ; Mfly St.
" I receii ed wttb ■ great deal of pteasuret
tbefaFourof your nio«»t oblig^ing- letter of 2^d
March, with an inclo'ied for our friend, iiho
was \^T^ [^iad to bear from ^'ou \ anil is ferjr
sensible of, and lakes very kindly the care you
lake of bis lutle concern there ; but aaya, be
doth not sufficteotty understand the state you
sent, so as to be able to make a particular ao-
swer, till you Khali furlher explain it ; there
being some tenauis^ mentioned by you, whose
names be dfies not liud in the reutai, as Bur-
ford, 8teel, Dij(bv, tbe little soldier, and SioH
moadii; the latter, be beUevcs should hm
Simmes, be is of the North, a grey haired
ancient man, whom he very \tell remembers^
and bas a particular esit-«m and value for, as •
very g;^oi>d tenant, and a very honest man.
'' All friends here are in perfect good bealtliy
God be thanked, and remember tbemteUe* '
kindly to you, and 1 am most entirely,
'* Youn, &c.»'
Sol. Gen, If you look into the cypher yoii
will tind lieui&l stands as tbe fictitious name lor
the cypher itself; Burf Jrd stands for tbe lard Or-
rery ,^Steel Ibr the Regent, and Digbv for general^ |
Dillon. Sim mona, be believes should be Sim mes,
butSin^monds in tbe large cypher is put for lord
North and Grey, and who is meant, apjiears
pretty plain from tbe cant which follows. '' lie
IS of tbe North, a grey haired ancient man,
whom be well renieniberii, and bath a particular
esteem and value tor, as a very good tenant,
and a very bonsat man.**
Att. Gen, Look for Simmons in the cypKer,
Mr. Hungerford, I can make one observa*
tioii, that Mr, Harcourl is very ready at*
CL qf ike Cr, It is alpbabeted, so that it b ^
m^y to look for it. i
L. C. X What use do yoii make of tbea^
letters?
Sol, Gen. The use we make of tbem is t^i {
shew that Mr. Layer, who took on bim tbe \
sham-name of Founiaine, by wbieb iiRinesc
of these letters are addressed, had a correspoii-i ]
dence with the friends of ibe TVetender it'
Home. Tbai this corr^i^ndeDce related to i
coni^piracy, wbicb Has fanDedand carrying oa '
bert; ; and it appears, they look upon ilu in \%
mention Aeveral persons of distinctiim under %
ktQ4l of jargon.
Ait. Gen, The first letter wherein is men* I
lioiied tbe carry ini^ on the manufactory, the I
procuring good workmen, and particularly, if J
he could gain some of the ablest of Mrs. Barw j
bam Smith s, and that it would be very agre#»
able to all concerned, and particulat ly to Mr«
AikhiH, which istlie iwime for the Pretender | j
ahevrSftlmt tbe ngentsof tlieprelender nt Uomayj
iMbd laid desigiia u procure s«4dters, and tbo&e^ j
if pOMolhle, out «4' bisoti^ie<sty's lr«>op«; which (
lalis ill wilb the e%iden('e we have given of tbsJ
prijiuuer*s endeavours to get aokliers aad ser
jeaMts oifl of tlH; aroiy.
Serj. CkeMre, it mhj aot be iaapreper, '
siuce we have explained itp to lay belore ycm
S19J
9 GEORGE I.
Trial c/ Christopher La^er^
[220
the list of several |»erson8' names that are in
the ami}*. Pray read No. 7, oul of ihe large
4>ari<llc.
CL of (he Cr. reads fi List of oflicen:, names
Willi marks iiml numUns tu some of* them
Att. Gtn, We tliit tnenlion before that there
were ihe n antes of »e?eral j»ersor»8 of fery
great bttnouraitd loyalty to his ninjcsty ia some
nf tbehst^; but this is' to shevr, that tW pri-
soner was consuUio^ how he niiijhi gel an ac*
count of the aumber of the lorces; as bow
many colonels^ how mauy captatos, and how
'luaoy soldiers there were in tlie g^unrds and
0tlier troops of his majesty. Bend No, 5, in
the hrge bundle*
Cl.qfihtCr, reads No. 5. A List of officers
4)f the second , or Coldstream regititcnt of gnnrds.
Ait, Gen, We make the s;icne use of itiis to
•shew, that he was searchio^ and examiub^ tu
get an account of the guards.
L*C. J. I suppose he is taking a surrey of
the persons thai were of the guards, that he
inighi be capable of makint( a judgment.
AU. Gen. Yes, my lord ; and to know
tbeir strengib : Look out No. 6, in die large
bundk;.
CL of the Cr, reads No. 6. A List of offi*
cers in the first U<\*\\\ (»f horse-grenadiers, the
names being distinguished l)y dilferent letters.
No, 7. out of the same bundle, A fist, &c. here
are eleven of them put duwn.
SoL Ctn, Read No. 8» in the large boodle,
CI. ofiheCr. rtadft No. 8, A List, cSrc.
Alt, Gen. Yoiw lordship will obscfve, that
I this ii a list of some persons* names, and the
tiumbers of horses and men they were to
, jirovide.
X. C* J. You Hill have this to import an ac-
count af what quotas ae? eral persons were to
find.
4'^ Gen, The last was read for thai purpose :
Bead No. 15, in the large bundle.
Cl> of the Cr, reads No. 15, containing
dtfers nameSf with numbers set against some of
Ihem.
Seij. Ptngell*/, Read No. 20, SI, 29, 83, and
S4,in the large bundle.
CL of ihe Cr. reads No. 30» containing a
list of the great officers of the Tower, No. 2 1,
«ontaiuing names of ofticers of the second
troop of horse -giiards, second troop of horse-
frrenadiers, and ibuiib- troop of honie-guards.
No. 2!it, containing a list of names. No. 2:i,
containing names of officers of the first, second,
third and fourth troops of guards. No. 24,
containing the names of two officers of the
borse- guards.
Ait. Gen, Ijook upon that list, No. 21, whe-
ther there are not some private marks u^mn it.
CL of the Cr, Yes, here is upon one of them
m dot, and on the other side there is a dot ; and
two or three places some men marked and
^«roii8ed.
Serj. Cheihhe, Read No, «5.
CL of the Cr, read?* So. 25, containing a
' list of officers, five of thtin marked to be *' not
bad/
ftfr. Reeifie, Are the words * not bad* of tha
same hand-writing f
CL of the Cr, Yes, it doth appear to me l«
be so.
Hjrj. Penget/y, Read tbc'tille of No. 22. J
CL »fthe Cr, Here arc a great tnany ]
pleV names, with murks tipoo same, aud t
upon others : upou one of them is writ*!
" liain Johnson, to he gained.*
8erj. I*cnfidhj. Read No. ^T^
CI, of the Cr, reads, A List of the i
men I of guards ; against sereral
names are dot^ and mai ks.
8erj. Pengctiy. Re:ul No. ^^ .
CL of the Cr' read's, A Lbt of the i
the Coldstream regiitic iit of guards ; and a Lilt
of the officers of the Scotch guards.
&»/. Gen. Read No, :^5-
CL of the Cr, reads S^, 35. A Paper.
tain in g ati account of the numbers ol the ^
cers and soldiers in the first, second, and l'
regiment of loot guards.
Strj. Pengdly. My lord, we be^ le
ask JVIr. Deiafaye and hit, Siaograo in
three questions, to support the evtdi
Mr. Lynch and Mr. Plunkett, in rela
some particular facts ; whether at the tin
the examiniition of Mr- Layer belore the I
of the council, any thing was said of
Layer's being at Rome ?
Mr HuHgtrfard, With humble aoboii]
Mr, Laytr*s being at Roaie, and correaponj
with the Preteuder, (if he did so) is made
son by another act of pmliumf nl, not by
act of parliuinent upon \i/hich he is indio
iherefore, whether he was himself at Romd
corresponded vrith the Pretender, canii
ofTered as an evidence of high treason up4Mi4
indiclmenL
8erj. Pen^dly, Tt is only to shew tb€ ]
babihiy nfhis receiving those receipts.
Mn KeieUey Since we did not know t
thing of those papers, we could not prop
make our exceptions against thetu, till
heard them read; and now, if ihey proved
thing, it rs the liolding correspondence witf
Pidiender : but that relates to another lat
of parliament ; it is another species of tre
and the evidence wbicU they would ^t
confessiuu, viva voce ; they say, it m\
6U|)[iort these papers that are read ;
make any objection to a paper which wfil
know nothing of? 1 believe few in the r
know what the meaning of these papers I
now they are read ; for my part, I know
little of them ; we apprehend^ that Inste
being allowml to support this evidence, I
proving a foreign correspondence between
Liver and the Pretender, by the name of ]
James, which is made treason by a pafli<
act of parbimient ; Ibey ou!>ht rather to
mdictetl lum upon that, than endeavour
support their defective proof by giving eviid«
of an oAence, which may be matter of anoi!
eni|uiry.
Attn Gen. My lord, we apprehend a proof,
tliai the prisoner was at Rome^ and bao c
ei^
1^
Jot Hi;;h Treaim*
I Pretender t will be very pm* i
ie, and explain I he Mvi^u-rrf^ |
vep hy the witnes^^'
amt Vir Wilhaiii La - ..■ -
^naac^er ; and for tbose porposes we
mm 9f it.
Though we apprf bead we have
9 ttxtrenwly strong ali'eady^ yet
hmm heeti opeued m^y be ofTeretl by
coaEmiAtian : notwithstamlin^
wbicfa IB made, that we are at-
e €f idenee of another kind ot'
[|<^ed i»i \hM indictment, vet we
Ui«t it is proptj- here, as cjrcum-
uf tlj€ treason which is alleged,
a conspiisry enl^red into bc-
fftiitleman mul taiivr^, to bring in
kreiirr, and levy war for tbnt purpose ^
1^ iftolea aiirnc'l innip^ T^ iitiwh he re-
101 sir Wii at the
r'»««)tirL N ing, hy
ibat tlie piDioni^r was actuaJly at
iBtl liaid pc*r«onai conferences with the
r biaifteU'; tUat^ surely, must be ad*
W m luaterial eircuui&tance to support
nf iJince other facts, Hje^f leave to
M it haa been held, even since the stat.
r ^ctfi of high treason, not laid in
may be given in evidence, if
iTicti ic» the proof of some oven act
tbvre laid.
C^cmMtc, We apprehend your lord-
twieive evidence of the same kind of
n \i.s, < r 't* Tr»..- In nrder to prove the
d and conspired
, place him upon
r did correapond with his mi*
^iiabebad aocesa to the i'l'etender him-
I aai he did own it. That wc iippr^hend
J a ilap higher, somethin;^ further than
/badmitlMl; and if it t« proper e?i-
^thrra ia oo rctaoia why it shouid t)e re-
^^^^.^ It b Imef we have not indicted
IwUlMaDfiabto eorreapundeuce ^ith the
p Ibiercibre they object, we cannot
"ear any tuch correapondeoce upon
■•a« humbly apprehend^ every thing
l^atn^anrtr (hai Hill ^Ain creilii Ut
l^ proper evirleiice, Jt
tlint a ectuleuian of
» «4 lilt U\r Biiituld enter into this
' deiigij^ which \h exprcasly i^worn
*o*ii»o itiinciwe*, whose creilitthey
J^^P^ii ; therefore we humbly otter
*~ Bittal evidence. This sjen-
V from hi» pi-ofes§ion, hath
rkiodty '
' «^i^aianidei :>
^^ JH'»Cf*^*t"f irtii>isi.i.^r> :
*'» I e cr^nht to
Jt lia .. ^,.^i. J* ^otitive ^it*
^•**^ thiok tl proper, and sub*
**^^ fi» tui, thty art not g«-
A. D. 1722- [2«2
iii^ upon an evidence of a new overt a«t *if
trea^ion ; the ovcii acts are ron^^ultingf ad*
viiiing, and a^jreeing to raiae a rcihellion.
Mr* Uun^trjotiL I humbly beg your lord*
ah in's pardon.
i, C* J» If von will not hear me, you will
teach me not to hear you,
hlf, Hungerford, Sly lord, I hope we have
a right to reply.
Mr. Wtit. Upon the first letter of sir WiU
haul Eilis's he congratulates him, as hia friend,
on hia safe arrival.
IVfr. HungcrforcK My lord, I beg your lord*
shin's pardou ; 1 am in\he service of my client*
anj in endeavouring to do him service, I am
verily persuaded 1 shall not offend your lord-
ship : really, for my part, 1 cannot satisfy my*
self that the evidence which they tender to the
Court is a proper cf tdence.
This gentleman is indicted upon the sta*
tutc de l\oiiitionibus, 25 Kd. 3. The overt
acts laid in the indictment are, his coni; idling,
conspiring and agreeiu'^ to raise a rebellion,
aod to levy war against (he king, <^c.
There is an act of parlcunent in the la^t year
of king William, thereby the Pretender m at*
tainted, which makes corresponding with th#
Pretender, or any of his oilherenls high treason ;
and when any man commits thai particular
treason, he ia liable to be taken up and proae-
cuted for it. Now, mv hird« shalj I hey be ad-
mitted to give an eviJi?nce ol* a treaMin com-
mitted in breach of one act of parliament, when
they are prosecuting him upon another ; they
may as well offer evidence against him lor
counterfeiting the great seal, or clipping and
coining, for the sake of evidence : we ho|ie tht«
practice shall not be allowed; if they are so
full of proof (as by their o^^ening they seemed
to be] which by the rulet* of )uw can reach this
man's life, which 1 cunnot yet see, lei justice
t»ke its course: but we humbly hope they shall
not be permitted to give evidence of facts which
are entirely foreign to the present aecusatjon,
antl can be calculated fur nothing but to capti-
vate the jury, by acquainting them that the pri-
soner hnth been at Home. Hut if the kind's
counsel will htiveit etfertually published thattlie
prisoner hath been at Rona\ let them consent
to have him found not guilty upon this indict-
ment, and let hitii then be prosecuted upon the
act, for corrc!;pouiling with the Pretender, and
see what will come of it.
Mr. KttdiKi/. The act of parliament that
makes this new treason is the latUaod ] 4th of
king William ; which not only makes that
treason which was not treason belbre, but puts
it on « new method of trial in any county of
England, vfhere it is laid. Now they would
gi»e iti evidence a fact, which Mr, Serjeant
Cheshire says is evidence of the same kuid of
treason^ though in a lowt^r degree, and onifbl
to he received to prove lb*? utrtt ucU of vm\*
suiting and conspiring to restore, oiid bring
the Pretender to the throne : As to tha evi-
dence that hath been read, we could i»ot liate
objected to the papera, became we did not
9SS] 9 GEORGE I.
know what they were, nor whether thfl¥ re-
lated to a foreiga or domestic oorrespoiideiice.
Now, because they are read, as heinir fouod oo
a person to whom he gave them ; shall they,
to support a treason o? compassing and ima-
gining the death of the king, give erideace of
corresponding with the Pretender ?
My lord, I do not apprehend the .king's
counsel have given us any manner of answer ;
and therefore shall not take op any more of
your lordship's time, by repeating m a reply,
what I offerefi before by way of objection : I
rabmit it to your lordship.
L. C. J. Sure as this evidence is offered it is
very proper; consider, in the indictment the
ofert-acts are, meeUng, consulting, adrising
and agreeing to raise a rebellioD. The next is,
pabliminif a traitorous libel, in which rewards
are promised to those that would assist in this
rebellion ; a third orert act is, the enga^ng
and listing men for the senrice of the Pre-
tender ; a fourth is, a designing to depose the
king ; and another is, to set up the Pretender
on the throne : Now, consider, if they have
not given an evidence of these overt-acts, whe-
ther sufficient or not, that must be left to the
jury ; if they have given evidence of these acts,
a design to set up the Pretender, and to depose
the king, &c. 1 f they are not proper to shew for
this purpose this gentleman corresponded with
Rome, was with the Pretender, then lettere
sent from sir William Ellis to him : letten (ac-
cording to his desire) purporting receipts for
■urns of money to be signed by the Pretender,
as a fotindation to oblige him to make re-pay-
roent: After this and these things have been
offered, is it not proper to go as far as tliey can
on this head, and shew how far he hath been
engaged with the Pretender and bis accom-
plices f Sure it is proper, as a further evidence
of these overt- acts.
Do not trouble yourself as to that, no use
shall be made of that, to charge you with the
treason made so by another act of parliament,
about corresponding with the Prt tender, for
evidence it is proper here,* and it neither can,
nor shall be made use of to any other purpose.
Mr. Reevt. Blr. Stan van, pray go on, and
give an account of what he contessed, when
examined before the lords of the council about
his being at Rome.
Stanyan, Mr. Layer did acknowledge he
had been at Rome, and returneil from thence
in July 17Sl,hesaid he had had two confer-
ences with the Pretender.
Mr. Ketelhey, 1 think Mr. Stanyan said, he
had taken minutes of his examination ; I had
rather see the minutes than trust to his me-
mory. BIy lord, in the trial of the two Bailiffs
in this court, the substance of what the de-
ceased said was reduced into writing; and
therefore tlie parole- evidence that was offered
to be given was rejected, f rabmit it to yoar
lordship, whether the rnio is not tlm anna in
greater
ly and anch
bi**-'
Trial of ChriHapker Layer ^ [224
before your lordship. I have not the least
disresp^t for Mr. Stanyan, and couM take hit
word for any thing but my citent'a lif« ; there-
fore, we hope he shall prodnee thoan salei^
which he hath referred to once or' twioe, mw
he is |(oing to give a further aeeoont ii Ui
examination.
Mr. HuHgerford. My knrd, I waa noaiitl in
that case ; the justice of peace who bad taken
Mr. Lutterel's examination did not appeari aai
that examination could not be had ; tacra wm
a copy of it taken and produced, and pravad ki
court to be a true copy, but y oar hwdaUp wmdd
not let that copy be read, or the subject
of it to be given in evidence, unicaa tlM
examination itself were produced.
L. C. /. Mr. At'orney, von hear ham tha
matter is, Mr. Delafaye and Mr. Stanyan giva
an aocount that they were comnnamM by tha
lords of the council to attend and take mlniUrt
of Mr. Layer's examination before them ; that
they have those minutes, and have kiokad kt$
those minutes to refresh their memoricar W
they desire they may be produced, do yaaap-
pose it P Have you tlie minntea here f
Si^nyan. Yes, my lord.
Seij. Pengelly. Then may be a great wtrnf
things that are not material to the preaentcain
of Mr. Layer ; why shenU they have all thcsn
minutes read P It is not for the sake of tb«
prisoner at the bar, but for the sake of aonw
other people, who may be listening here.
In the case of Lutterel, there waa n o
plete examination taken by a justice of
peace : In this case there is no exan
completed and drawn up ; it is nothing but nia
oral confession, and amounts to no more. Tb^
minutes the witnesses may take in their
as proper to refresh their memories.
Att. Gen. Their desiring to have these mdk*^
notes read, is not so much for the sake of tkcfcr
own client ar for the sake of other people.
Serj. Cheshire. How the matter in that camito
was
L, C. J. It is enough, 1 only asked Mr. A%^
toroey General, whether he thought fit to eaaaa^
sent to it ; and without his consent, we are ^4
opinion, that they cannot be read.
I asked Mr. Attorney the question, and mrai
not aware of any ill consequence.
Mr. Attoracy says, the minutes refer to ^M
whole examination, ami to a great many cvChM
people, and it would he for the diaservice of ^^
king to have these things disclosed. Mr« M
torney might have refused to consent wa^ta^
giving a reason, but he hath given a g9f>^ ^^
son, and therefore will not consent that ll::a«y ■
read.
Mr. Ketelhey. We do not consent t*» ^■f
them, but insist upon their being read. j
Att, Gen. We do not ask your eooa«n<*
Mr. Keteibey. If you do not ask it, anor
it, wo are ao far even ; bat I aasore yovs
Ml. Ar .M ■
■nob^
y&r High Tnoion.
> »liti rnitiutes Uketi
^ tiiAtti!rs are out
u> the xvorM*
ofT ilroppf^tl, OA if
9111 irr lor ttie stike uf
HI, we t!oiiiruiri sucit
of couiiyef tbr Uuit
^ linn iMfth tiiii^ly.
\m% we tMivj;nrtl cr>un«e1 for hitiif
jr«u liB«l, 1 believe you would not
til In 1 1 live Kjud to niucli.
No« iDdeeil.
:ciiy, x\Ip. SUnyonf plense to r«coN
wliru Mr. Layt-r wu» exnmined
lor^ii of tiiv coutinl« (it is to confirm
tif Mr. L^Qch) any tLiiog- pwi9ed
J. Biit before you was intendtng to
^ J _• to Roiue, mid having
' iiiler.
r^j^v My krftd, iltut he bath taid
N«»te I ii^k you what wds satd
rdiliog to the drclanition ?
TW kirdi t»ked Mr. Layer, >f he
Ijf ih'rtjiration : he saiil no, he had
lie drew htiotelf:
t declaration waa,
be baJi«ircd i>tie VV il>iiin tiad it.
iiy. Has auy ijuestiona Mked
M it^ffton* tliat had seeu it ?
Ye* I be said the onJy nenont
it was* that VViliionf oue Uilliam
\fm iMO-jiiritiff iiart^on« umi fme Lynch.
^ Bimfdly. VV here did be meniioD to
hawwtt tii Lynch f
i|f«i^ Oa hies way to mv lord North and
•»«! tl>e Green Mhu at l^ppinif*
i» P&m^tllf, \\^ ih^rii any thing* more
y LAjfar, raUting to Ikiat journey to Ep-
•lid wbatf
•5«M. fir iiAjd that he went to my lord
I attd Or^y '§, und dined at the Green Mao
'•em I Ibini be carrie^l Mr. Lynch la my
Will and Grey^ti, and recfim mended him
}\mi Nfirtti mid Grey %a h proper peraon
lia[y4i»^Mi. 1 think it was employed in
MPKunn* or id any thiu^ »'lt»e, that hta
ii^ibiiulii oonunattd him.
It ttitlhrjf. If he i« not rertftin, I deatre
^ pTDitiicii hia minutes, as be (fires bii
e«ih hia inetnory.
rl «.» I
i ti*m tM «iy
on for hvi
(idi<d him oa a proper
An uiKur'^etiUon, and
that b
3 hat Layer
and Grey
npt,
• youaaid inan
' ed or lhiMrg;ht ;
' lio ofi, the
an at the
e» yon aay
•ill as you
A. D. 1T22. 1^226
pve m povititre evidcrnce^ that thta was cocifest
by Mr* f^yer.
Siangan, i hnve r€'4?otlect«Ml the worda^ and
Mr. Layer used tho^ie wortla,
Bf r. KttfJbey^ From wtience ia it that yoa
are now jso positive, and were not sf» at first f ^
Sianyitn, i did say the wordii »! hrsl.
Mr. Kettibey. Elut yi»u said <t wiili an alle*
▼iaiioo ; I deitire to know, if you are pouiira
Iboae were the worda f
Stanyan, 1 am very poaitiTe,
Mr. Kcteibej^. And yet you were not posiiif*
before r
Siani^an, f did not lay I was not positif e.
Mr. Hungcrford, Did you give your evi*
deuce, that you was certain he t^aid that he bad
recommended Lynch, as a proper person Ui bn
eonceruetl in an insurrection 4nifeoeral,or only
&a a proper per»)n to seia^ my lord Cadogaii,
or both ? IJow did he ejirprcss faim*felf?
$lanyan. 1 will telt yuu how tht; v^ordi were:
Lynch iiaving told him he would seize my lord
Cadotpin. Layer recommends Lynch to my
lord North and Grey as a proper person for audi
an attempt.
Mr. Hungtrford* Then the insurrection was
out of the 5^aae ; he was only recommended tn
my turd North and Grey aa a proper per^u td
aejze my lord Cadogun.
Mr. Ktitlbcjf, I think you have repeated it
three timea, and ihlferentat each time ; unw
please to rectify your n^emory, and let \is have
It BO aa it may be understood.
1 must deoire it in this case^ my client is
upon hia hf«>, and ho ahould have riij;hl, 1 am
sure he will have it from the Court and iha
Jury.
We desire to know whether you give tucli
an evidetice of this part of hi« confession^ with
respect to [\\& rt^com mending IVlr. Lynch to my
lord North and Grey» a2» you will i^iiind by i:*
M r . Hu ngtrfitrd, M r . Stany an » pray*, give
an account once for all how that matter was,
Stanifan. J can give no other account*
]Vlr. Keleihej/, lie hath vaneil every time; I
appeal to Mr. Allorney, I appeal to your lord*
abip,
i, C. X Wherein it the variaiioa ?
Mr. Kctnlbey, First he ncquaiutt you, that
he coiifesiiefj/that he recommended Lynch to
my lord North and Grey, aa a tii per«on to btt
em I * ' ^e Uiitjks, or helitives. it wa§ in ait
lu ] and then he sayii, he m ]»ositire
thuk f.ir >< v.tanmended him to my loni Noitli
and Grey, an one that Wtt» tit to he employed
in an iiMUrreclion, nr>d »t last he aayat^ hf* was
recommendvd by Mr, Layer to my h>ni North
and Grey, as the tit per-iM>ii to seiace my lord
Cadu4ran. 1 apprai to your lurdt^hip^a mm*
luory, uind hia own oath, whether thiji wan nol
so, and yet he ia poaittve of it, he in sure of it.
L, C* J* Is there auy diderence in all thiaf
Mr. Ketcllfey, As much as betw«eu being
certain, and being uncertain,
X. C. X For what ^ Vou talk of the vsrit*
tion between an inaorrection and selling ttiy
lord Cadogau. Tlie insurracttou was uanly %m
Q
I
9 GEORGE L
Triat of Ckmfophw Layer^
tie made on the fteiz'm^r my lord Cadograti, at the
fame lime an to tkeilitate the insurreciion ; both
•ware to go trigelher ; if he was a proper person
to seizes my hird Cailogtm^ he was a pro|)er per-
foil to be employed in an insurrection.
Mr. Ketdbey. He is charging the prisoner
vith his contessiont ami therefore^ I say, he
liAlh mentioned it with two or three variations :
'firHt, that he was tit to be employed in an insur*
rectton, and he explains ttiat by seizing my
Jonl Cadog'an.
^ L, C. /. That IS part of the insurrection*
Mr, KtUlbey. Surelyi my lord, this serres
to make otsr objection so much the stronger
^^ainal aliowiog^ parole evidence of a confes-
smni ifhich was put in writinir-.
Att. Gen, 1 can't imat^ioe what they
mean ; here is a ^enileraan that ^ves an ac-
^ntmt, that the prisoner confe^^ed that he re-
commended Lynch to my lofil North and Grey,
as u proper person to be emplnyed in the insur*
nectiont and to seize my lord Cadogan | where
is the variation in thi;*?
Soi. Gen. Mr. Stanyan, j'ou was wtrinpf an
mccotmt of Mr Layer's recommending Lynch
toroy loid North and Grey; did Mr. Layer
declare any thing further relating to thai
h matter?
Siangan, He said my lord North and Grey
feceifed him civilly ; he supped there, and lay
there that nighty and they dined tliere the next
day.
Sol. Gen. Did he give any account of what
passed at dinner?
Stanyan, 1 donH know whether it wasju«!t
I At driiner, or afierwards : but he said tliat se-
veral healths were drunk, which were be^un
by my hrd North and Grey ; and after dinner
there came in a man they called a citizen, they
drank the Prctender^s health, bis wife and the
young prince.
St)i. Gen. Did the prisoner say any thing
about the christening ol hit child?
St any an. That was^ when he confessed be*
fore the lords that he was at Rome ; in the
conference he had with the Pretender, he lo^}k
occasion to speak of the discontents of the na-
lti)n, which liati bt-en occasioned by the losses
sustained in the 8oulh 8ea. The Pretender
Hsked him if he knew any persons of dislinc-
tion in thet case ? He said, that he knew a
great many that were well ^a Reeled to his inte-
rest ; that he was not acf|uainted with people
of quality ; but that he knew several of ffood
estates that were very well -affected to hi?! mle-
rest* Upon this the Pretender asked hiia se*
feral cjne^tioos ; says he, it must be Tery ex-
pensive to you to come hUher to Rome, it must
cost you 500/. N0| sajth he, not above half so
much. Then the Pretender praisefl his zea(»
and commended him ; afker that Mr, Layer
asked the Pretemler to pire him some tokens
or credentials, thai he mi|f hi have sometbing
fi-om his majesty ; that would be a means of
his ci^aining cretlit among his friends here. He
isys the Pretender scrupled that: then Mr*
Layer proposed al'tematds that the Pretender's
wife should stand aagml-motber to his daogh*
ter, to Mr. Layer's daughter ; I hat aflerwardi
col. Hay, to whom he was iutroilncsetl at the
Pretender's court, brought him word, that the
Pretender's wife wouhJ stand as godmother tA
his child : but then tho question was, wIm
should represent her ? And alier somelicieit
was proposed to Mr. Layer to find out a fitpifw
son to represent her. Mr. Layer proposed tke
duchess of Ormond, which was agrcel le^
after that the Pretender agreed to aimiid i
father with his wife, and then the poiotl
who should represent him ? And coL He
him that he must take care of that^ tu
proper person to represent his majesty.
Sol, Gfn. VVljat account did be giVe of ^
was done in pursuance of this, when he 4
into England ?
Stanyan. When hecamcmto Engtao
said he applied himseif to one Mr^ Tbon
to spetik to my lord Orrery to stand to
sent the Pretender with the duchee
mond : but he said my lord Orrery d«
and afterwards he got my lord North
to stand. That Mr. Thompson did cUnMail
child, my lord North and Grtjy and the
of Ormond staniling as proxies for
tender and his wife ; my lord North i
did staml to represent the Pretender^
dnchess of Ormond to represent the PreU
wife» knowing they ilid so.
And he w^as asked by the lonis, who i
company at the christening ? He Kntd, enW
duchei^*; af Ormond, my lord North and u
Mr. Thompson the minister, himself, and
wife, and another woman, at whose hou
chrisleninif was performed : but he said, j
was not present in the room, thong li she i
ed at the christening.
Mr. West. Did he mention any tinae
this clirislening was?
St any on. About the spring : I cannot^
that question was asked him by ttie lordvi:
J cannot a.scertain the time.
Mr. Wc9t. Did he say any thing i^alil^
roy lord North and Grey ?
Stanyan. He told them of my lord
and Grey 'a being at the he^d of these de
Friionen What dolh he conceni
with Ihe lord North and Grey for?
Mr. Wc$t, Pray, Sir, be quiet.
St any an. He said he told my lord IWI
Grey that he had acquainted liynch witl
brdjihip's being at the bead of tins design, l|
fiirc Mr. Lynch had expressed a great de "'
wait upou his lordNhip.
Att. Gen. Mr. Del afaye, pray, give i
count what Mr. Layer said^ when be wael
mined f»«tore the lords of the council, i
to hiH being at Home,
Detufttye. Mr. Layer declared to the
of the council that he had bepu at Rome,(
he hud had two conferences with the Preteitdefi
that he had acquainted the Pretender with tb«
disaffection of the oation, with respect to lh«
losses that had been sustained by the South 8et
He said, in g«tieitJ^ the natiou was well afiisolfi
Jbf High Treoii
■QOi of state, not tjunliii^
irilervst: ihen hr |iro|»oseii to
riokeiMorilie iVetentler'R re-
oll WM licit (S^raiiUii Ititn : then
Fl*rwteiKfer*« sjinu^e Jihoultl stand
to bis rlitlil; th? Pretc'iider said
pill cooniler of it; col. Hay afterwiitls
It litai wtird, th«tl she 4'oiiHeut«»il ; tbeu
I fjonlcreQces who dbould repi'e*
OW« Uic S9me accouiii thiil he
t lord* Df Ibe comiciL
iiL Uay brougUt wurd lo Mr.
k^Aetrnder** spouse consented
^*"ir 10 liiB child ; »nd it wms
I of Ormond should re|>ri?«eiit
hm dcnred s ciedtftitial ur token to the
m of Orntoud. Hay told him, without
10 irotltd stand ; only, H*ilh he, carry a
I tli« duk« 19 wfMf and gone to
. tlie wuuld do it ; and Layer de-
^wbiiahonld Kiaud uh g'od-Jkther;
hiniseir, that is, the Pretender ;
I j!D know \Tha M'aa to rcpre-
Hrnlto he excused, but Layer
> one iipOQ \m return into Eng^>
BHjitvi profMr for th At purpose ; viben
IM inld Bns^iaod he wai at a loss for a
I to reprcMfnt the PrcteudeF ; be went to
Ih^nfmi 10 advise i^ith him about it,
nei^l to my lord Orrery, lo desire bim to
lift jiroxy for the Prelemler ; my lord
^nliacd it ; then he went to my lord
I Onj, who iicce|»ted it. The child
it wa«Ht Chelsea, I t&ke it,
^ wbere there was a china shop. Ii
■pring*, whot day I cannot tell,
kr wad tfaeri* waa bis wife, my bird
'tad Otty ^Uo itood for the Pretender,
Kbc«i «f Ornciond who stood for the Pre-
r^ wiUt *l*e woman of the bouse, but she
11 wiibio the room at the chriMenin^'.
K Gt«* 00 you reme^niber any tUin^ said
Em aay declaration that was drawn ?
Mr. Layer owned that be bad
of a declaration ; and that, when
[ to my lord North and Grey*s,
» Mr. Lynch at the Green -Mao,
I wmf tliither.
^/ '^ ' ' lie of his recom^
J iimnatitrn?
_^_, lit' *p'.ki- ut IMS recomraendin^
Al«ie«| titat Mr. Lynch bBvinjj told hira
> my lord CadotE^an, bu did reconi'
to my lord North and Grey, as a
, far that atl^'imit. The "second
"iBQiDmendtd him, he batl pro
^ Lynch to my lord North and
Flnmogtoid bam that be was a very
Xfilto k# rm>r«med m an insurrec-
H-»' : told Finch hi« lord-
|ta b* i ot the d e^i^n , Ly nob
ttuwiiii ujion him.
We thull now prove there were
fr*a bonni! wbm be waa
, I, wef» you at Mr» Layer's
I hiWMi w^Mi^f^Stanyan. 'Yet.
^it, po you know of adj armf thirer
Sttinj/an* Yes,
Ait. Gen. Give my lord and the jury &o ic-
count whatarma?
Stanjfan. Just after Mr, Layer wa'j aeiied I
came in, be was just trot out of b<» bed* I
obserTed in the roum, where be Uy, there were]
a pair of pistols hunijf by his bed jiide, and be-
tween them a borsenian^s sword, a riding
sword, and a pretty larue swi»rd ; on the other
side of the beil nejrt the chimney a little cuse
of pistolti, and anutber sword buntr in another |
part of the room. In the closet uf the same.
room we looked, and I saw tv%o carhtnes or
guns, and two rousquetoons or hhinderbusses ;
si-ein^^ so tnany arms, I went to handle some of.
them, upon which be said. Have a care, they
are loaded, don't medtlle wiib them; upoar'
that I asked him what be had to do with soii
many arms ? He answered, you must know
my clerk anel I are streat i^UooterK, when we
are in the country. Ju auotbrr room, looking^
further, we observed several nmutds tor the
making of builets. There was also u cartridge-
box, and a number of cnririd if es ready mude up,
as ne&r as 1 can g-uess (1 did n*i| coiint I hem)
there were about tbrty or fifty uf ibeni. There
was n ({^niteman of the army « and belaid they
were such cartridges as were ut^ed in the army*
Ait. Gtn, Was there any tbioif relating' to
thciie arn)s confessed by Mr. Layer befure
the lords of the council ?
Sianyan* lie did not deny i*^ I believe*
Att* Gen. I would ask you whetht^r there
was any thin^ said helbre the lords r^latiu^^ to
these arm*?
Stiinj/an. Thelonls did ask Mr. Layer, what
did he with forty or tifiy cm Irid^^t^s ready made
up? lie said they were tviade up by Bowers
ibiL^ l^unsmith, and that, if there wa!^ any dis-
turbance in ibe nation, be should bare occasiott
for them.
Alt, Gtn, Mr. Delafaye, wais yoa by when
he was asked the question about these arms f
Delafaye, Ves ; he was aski^d wbst he did
with so many cartrid£^s and artn<i, and be fmtd
they were proper fur liis use, if there should be
any disturbance in the nation.
Colonel JJutkt sworti.
Ati, Gen, Was you by when these arms wer«
seizefl in Mr. La year's bouse Y
Hutke, Yes ; there w ere two cases of pistols,
two fuzees, and $ome other ariOR, and a blun*
derbufcs, and two or three sword* ; there were
aliout 40 cartridi^es ready made up in the U:<iual
manner, as ihev are mode up when our soldiers
are to charge their pieces for expedition in eas«
of action.
Att, Gen* How many were there f
Jiutke. About forty.
Au. Gen. Did you tee any mouldi for
bullets f
Huikc. There wis a mould for mitsket-balli.
Pritmer, You say I had two fazcea i will •
musket ball go into a tuzee ?
iiMiki* 1 oaoBOl tell but il isAy*
231]
9 GEORGE I.
Trial of ChrhlojJier Layer^
[892
Prisoner. There were fortvcartridgei, which
were ready made up, will those cartridges
go into a fuzee ?
Huske. These very cartridges were only fit
for the army.
Mr. Keteibey. These cartridges were not fit
for the musket P
Hutke, 1 did not try there.
Mr. KeUlhey, Would they gp into a fuzee P
Huike, I don*t know.
Mr. KeteUtey. According to my notions, there
is a difference iu bigness between a fuzee and a
musket; ami a cartridge fit for a musket will
not go into a fuzee.
Hutke, A cartridge that is fit for a fuzee,
will go into a musket.
BIr. Keteibey. I belie?e that, and so it will into
a cannon ; therefore 1 ask, whether a cartridge
that is fitted to a musket, and proper fpr the use
of a soldier going to batUe, whether that car-
tridire will fit a fuzee?
Hutke. The bore of a fuzee may be made as
large as ihat of a musket.
Z. C. J, Those cartridges that were there,
would they hare served for the fuzee?
HmkeC I am satisfied that they would serve
for the fuzee, and the smallest arms tliere,
except the pistols.
Mr. Ketclkey, You say there were two swords?
Hutke. Yes, I saw two swords.
Mr. Keteibey. I beliere you never are with-
out two swords ?
Huskem I believe I have a dozen, but they be*
long to my company.
Prittmer. Were they horse-swords, or swords
fit to walk with?
Hutke. IcanUtellthat.
Mr. Hungtrjord. I think you say, that those
bullets, made into cartridges, were, by the size
of them, intended for the small arras ?
Hutke. I do believe they would fit the two
fuzees that I saw.
Mr. Keteibey. Did you open any of the car-
tridges?
Hutke. I did, and there was a ball made up
at the end of each cartridge.
Mr. Smeybert sworn.
Sol. Gen. Do you know the prisoner at the
bar? — Smeybert, Yes, I do.
Sol. Gen. Recollect whether you have seen
bim at Home f^Smeybert. Yes, I have.
Sol. Gen. When ?
Smeybert. About a year and a half ago.
SoL Gen. For how long time was he there ?
Smeybert. 1 think about a week or a fi>rtnight.
Sol. Gen. Did you or the prisoner leave
Rome first?
Smeybert. I left Rome first.
Mrs. Hay sworn.
Sen. Chetkire, Did you ever see the pri-
ner?— Hoy. Yes.
Serj. Ckethire. Where did yoo see him P
Hay. I saw him at RoiM.
Serj. CAeiAire. WbenP • i
Serj. CAfsAire. What time of the year was it^
as near as you can remember P
Hay. r cannot tell exactly what time, but h
was last summer was twelve- month.
8erj. Chethire. You are sure yoo saw bin
there ?~Hfly. Yes.
Att. Gen. My lord, we shall now ptomikt
prisoner's escape out of the messengei^ m^
tody, as was opened before. Call Mr. T *
Mr. iS^tre sworn.
Jtt. Gen, Look upon the prisooer at At
bar, do you know bim?
Squire. Yes, I do know him.
Att. Gen. Do votf know any thing of lua
being taken op ? 6ive au account wheo it was
that he was taken.
Squire. He was taken the 18th day of 8i^
tember last.
Att. Gen. Whose custody was be in after Im
was taken ?
Squire. He was in my costody*
Att. Gen. What became of him aflcrwarilf
Did he continue in your custody P
2 mire. No, be made his escape.
tt. Gen. How long slier he nad I
was it that he made his escape?
Squire. It was the next day, he got out «f
the window.
Att. Gen. How high was the room ha gat
out of?
Squire. It was two story high ; be lifted ap-
the sash, and so gut out of the window.
Att. Gen. Did yon pursue him P
Squire. Yes.
Att. Gen. What account can yoo give of his
being taken again?
Squire. He bad not been gone kmg belbra E
fi>und he had made his escape, and understand*
ing which way he went, 1 immediately poiwatf
him, and I took him in a lane gmng towaite
St George's fields.
Att. Gen. What did he say?
Squire. He said he was very sorry to wtm
me ; I asked him how he could offer to M
away from me ; and he said every body Jm
would have done the same in his condition, anJ
that nobody coukl blame him fiirit; and that
he believed my lord Carteret wonM not blain^
him.
J/f. Gen. But why?
Squire. Because he looked upon himself i»
cli a bad condition, and so roueh danger^ hB
said, nobody could blame him, beouMO na W90
in thatcondittoD.
Priaoner. What conditKHiP I desura toarfC
you one question ; Did not I ask yoo to i
me vour warrant ?
Squire. No, you never asked mo.
Pritoner. Did not I ask you at my
house P^S^atre. No, you did not.
Pritoner. Did you shew me yoor i
Squire. You did not ask me lor it
Primmtr, Didi
Ii
ImdtodatoiaaMr
socli
It BSK ms lor n. v
ItollyotttbaraaHallifll
■al &lnotl»Mr«M
JhfT HtgJt Treason,
iCt l*ei€t»Qn sworn,
T' teTiion, do you know may
In cusli^iiy at my
|uui»ie, in A roam
ftit. J>o yoo know toy thing of his
yf
k No« I irti ibro«il Ibeo.
IdHik upon tfip pns«>Der at the
r«oienib«r you erer wiw him
Ce. Vci^ 1 s&w hlcn ju«( goiog' into St.
Irem. IIrI any (kmIv l&t<c him there ?
U* 1 w«« it)c 6p(i iliHl took him.
Cim* IV lull did tie say to you when you
tfc lie ssUt, ForOofrs sake let me i^o ;
'4 it wsn an arrt^i : \V hy then, and |)lea«ie
ly teird, my pirtner CAnie up, and nsiiked
rtMrilirr il i««« an iurcitt, aud he 8aid it
I iheti Jookuig^ ubfnit mr, I saw an-
i0ii oofniiig after us, %vbi> was the met-
It ■■■Wit tie had broke out of the mes-
Wii9^ And then he clapt hiK liand
ii podi«l» and polled out I beheve about
fsineaii, and «ttid we should take whf&t
11' wa would let him go ; but we
Amth^ny Stephem sworn.
L G«i« What did Layer say when he was
u We aakcd him, i« it for an arrest?
■i^ b^, it b an arrest ; and when he saw
'^pHR^ son comjni^ alter us, he would
[ ttpfMisvfl' we pJeasett to let btm fro ;
ItlliAB that he niiid thf y had no warrant,
fiilfMil know that they could keep bim
I a warrani,
Pcafttfy. My lord, we have gt>ne
l|{k mmmwidmoc^ and shall rest it here.
9m Mmmg&rford^ May it ples«c your loni*
mA yoo gentlemen of the jury, 1 am of
rf for llie prisoner at the bar ; and af\er so
m 0tW*iie« hath been fliten in this cause,
km$ beoome me to uraw the matter in
tiftiiimfia point, if 1 can, nnd thereby to
■■e tm your lonlsbip, tlie jury, and Uie
it on bw ttidn. My lord, the prisoner
liisaarf «|ion the tEUtute of tlie U.Mh of
■4 liioiUrri^ oommonly calleil the statute
PMitl«Blii\ t)tc things made, or rather
ied irvtMo by that act, are 6rit, the ot^m-
Wfm Untcinuif the death o1 the kioif, or
» Mior of WiJa«« Then the statu U> t^oes
I dUiianollwr things treason which relate
•aibr |M^»oo*o» <c>mc nt ihr royal family ;
ftca it dfNdar^^ hi^wt-i,-^ u,*t »t is treas4m
isywarav' ^c» It ianot said,
^ - Isty WOT, but ac-
•1 •» ^y '^ o»»Jf iliaJi tit tfetioo.
>ii IS tfie text, vbis the law upon which fh,.
geotteman at the l>ar mutit t>e either saved o
CiHi'lemned, The treascm Isiid to his charge
in coinpssstni^ nod immfmint^ the deiith ot iSe
king : the overt-atTts luid tu his chartfe are,
thai he did consult and conspire to levy war«
That hf* did publi!»h a certain treason abt#
libel, purporting, among oth*r tUiniys, a pro*
mise of rewrtnl to bis majesty -s faithful sub>
jects, to rise iu arms aud levy war against
the kiug*,
ThatTie consulted to put the Pretender upon
the throne.
That he listetl soldiei-s for him.
And the last overt^act is, that he consulted
to f*ei«e and imprison the kin^'.
My lord, and you gentlemen of the jury,
there is no evidence of any of these orert acta *
attempted to be gi? en in evidence agniust him
in £s5ex. save rinly that of publtshinff a trea-
sonatte liliel, which the kioj^^s counsel in their
evidence would insinuate to be the Pretender's
declaration. The evidence of the other overt-
acts are mt^mpted to be proved in Middlesex.
And in rrufh, the i^reatesi part of ihe whole
transaction was by the kind's own evidence,
proved to he in that Ciiunty, and I wonder the
todictment was not laid ibf^re ; but, gentlemen.
Ihe indictment being bid in Essex, if an act of
hi^li- treason is not proved to have been com-
mitted hy the pristoner iu that county, he moat
be acquitted.
1 tniifht here, ray lord, insist, that an actual
levying^ of war, and not desi^fu to levy a war,
being- made treason by the statute of hrasona,
tlie publishing a paper which purports at the
utmoa but an intention Ofdy to levy war or
raii« a rebellion is not treason, and conse-
quently not a legal overt- act within that sta-
tute, ThU opinion is warranted by the eicpress
words of the act of parliament itself, uhicli is a
belter authority than all the coinm<?niatoi^
Apon it ; tind it is likewise the opinion of my
lord chief justice Coke,* and ray lord chief
justice Hales; and in truth, if this be not the
true meanui^ (\f the act, one paraffraph, viz.
That which declares actual levying of war
treason, is superfluous and redundant; for
what is the use aC making actual levying of
war, or a rebellion, a distinct species of trea*
son, when the intention of doinnf it, according^
to s^^me modeni doctrines, wiis hi^h- treason
within the fint clause of the act, viz, Ima-
ginios;^ the death of tlie king*? This opinion
likewiHc 8€»"n»»« to be confirmed hy the two sets
of fiatham^t^' ""*^ -n ijueen Rlicabnh'a time,
Aod one ii) 1 ten the second^f where
eousuhing v-i i:.,.. Jufr to levy a war or raise
arebelhon, in made 'high -treason duriuif the
livea of them two respciUive princes, lor which
tentporary provision there would be no reason
if the bw were so before. 1 know what hath
been said to some part of thia matter, that the
* CokeV lostit, ch, 1, p,0, and JO, Sile^i
Pleas of the Crown, p. 13.
8SS]
9 GEORGE I.
UfjiDg of war metat in the ttetute of S5 of
Ediward tbe third, was not meant of such a
rebellioD as was levelled against the king's
person, crown, title, or gofemment; but of
such public commotions as disturbed the
peace of the kin^^om, is the polling down
of inclosures, which was the case in queen
iSlizabeth's time, or of pulling down bawdy*
liouses, which was the case in Charles the
tecond*s time : but to shew how unnatural a
construction of the words * lever le guerre,' it
is to say, that it relates onljr to such riotous
commotions as 1 hafe mentioned. Gife me
leave, my lord, to make but one observation.
The statute of treasons is penned in the French
of that age, and the words of the statute
* lever le guerre' agminst the king, 1 have here
within the reach, in court, a book of very
great note and good authority, it is the history
of Froissart, who writes tbe history of Eng-
land, France, and Spain, from the year 1326,
to the year ISiO, and dedicates his liook to that
very king, viz. Edward the third, in whose
reign the statute of treasons was made, and
in this whole book, * lever le guerre,* is con-
stantly mentioned to denote a public stated
war ; and in this sense, it is likewise taken by
Du Fresne in his Glossary, vol. 9, pag. S55.
— i only hint this matter to your lordship,
for 1 well know what determinations my
lords the judges have of late years given upon
this objection ; but I humbly hope that there
will be no occasion Ibr an entire dependence
upon this objection in this case, for that I hope
it will appear both to your lordship, and the
jury, that no such overt- act, as is laid in the
moictment, that is, publishing the Pretender's
declaration at the Green Man, is at all proved.
The evidence given touching that matter is
only by Mr. Lynch ; and he gives an account
that the prisoner and he met at Aldgate, in
order to go to the house of m^ lord North and
Grey at or near Epping: m the course of
their journey thither finding themselves too
late to be at my lord North's by dinner ; they
caHed in at the Green Man, and there got a
beef-steak : and before it was brought up the
prisoner gave Mr. Lynch a paper, which Mr.
Lynch, and not the prisoner, calls the Pre-
tender's Declaration: Mr. Lynch reads only
one paragraph in it, whereby, as he says, the
soldiers were tempted to be allured from his
majesty's service ; this is the whole evidence
given touching any offence committed in the
county of Essex: for as to any treasonable
discourse l»ctween Aldj^ate, and the Green
Man ; they cannot in justice, and without a
particular proof to that purpose, be charqfed
upon the prisoner to be done m Essex, a threat
nart of the wajf, viz. from Aldgate to Bow-
Midge, being in Middlesex, and not in the
oannty of fissex.
In the first place, therefore, gentlemen of
tbo jury, we hope there is no evidsneo to eon-
▼inoa you that any tnah dedaration wh pub-
Babed at all ; and yet leedadlj. If *«« ^
a paper read Ihte, fmpfutwmimm''
Trial of Christopher Layer ^ [S
act of high-treason; The time thai tke w
soner and Mr. Lynch staid at the Gracn Ma
seems to be very short, their stay wan ■• ahi
that there was no evidence that their hon
were put up: the beef-steak was beapokabalb
they went into a room. Mr. Lwnoh.ean
down twice out of the room; be \amm
admits onoe, besides his gaping at noMi pa
sons in tbe yard whom be knew, bifcia Ih
beef-steak was brought up ; and jre^ bsfci
the beef-steak was brought up, this dadbn
tion is pretended to be published ^ forny'pai
considering how little time there waa ler aai
a transaction as this is, I cannot think iIm
could be any such thing as that tranncM
that time, the compass of time would barl
allow it ; whatever was done, is adnsitlei k
all hands, to be done before the beef-ateik «
brought up, and the other inddenta may ffi
well oe supposed to take up all the tine b
twixt tbe bespeaking and disning up the baa
steak ; so there could be no time for ao i
an act as publishing a declaration to
three kingdoms. But in the aecohd
the prisoner, which 1 don't admit, did gh
Mr. Lynch any paper to read, a parunaf
whereof was to the purpose Mr. Lynn n
lates; yet such paper cannot be imputed to tl
prisoner as an act of high-treason, there we
but a few lines of the paper read, and the re
were not read at all, either by Mr. Lynch, i
the prisoner ; and I never knew that part of
deed or writing was ever allowed to be given i
evidence, without producing or reading tl
whole. In the case of my lord Russel, wh«
the declaration for rebellion was assigned as
act of high -treason, the whole declaration v
proved to be read, and not a part only ; r
vet even that evidence was upon the revolu'
m the first year of king William and qv
Mary, looked upon so imperfect an evidem
high-treason, that for that, and other reaf
my lord Unssers attainder was reversed
have a copy of tbe act of parliament ff
reversal here attested, and we are res*
produce it if your lordship thinks fit.-^
ne said that the prisoner giving Mr. Ly
paper, of which he reads only a few line
then the prisoner takes it up again, is
lishing of a treasonable paper, or in ti
publishing of any paper at all ? Dech
fur rebellions ore commonly published i
places, to captivate multitudes, and not
from one man to another when they
pecting a beef- steak ; there was no s
or solemn meeting at the Green Man ;
course of |»eople there, neither in f
Mr. Lynch's own evidence, can it br
be a real declaration ; for he says, as
her, in that paper it was mentioned
lord Cadogan was in custody; tti
uueriy false, hit lordship
yor^IJigh Treason^
srr _' mmI tttbotirei) un<)er
kli Micertanity tUrre
kigiiMrt'Lisuij, nnd wlmt wag
lie ik«rii«tD^'Dl liit^reupod, to ease the
|^i^L.f>^ple3(tlyt in the Solh of EtU
^^^^K*|itt%«cil liie laiv of li eauons, tor
PIPfBlile tbcfn yiaiit a great sum ot'
g «u«t ftir \%liii'h tlmt patliaiiietil wnn
».»-<! 'imfliafiMfriinin beatuin), ftiitt
mtifi doihf though perhaofl
iliitll be interpreted to te
LmI^ U^h-trt;ui(on» the subjerl will
llie tttrne i aeon retiic nee, and
^«ime pernlexjtK^, as iJiey wiie
■.laloles or trca^oui; tliis practice
' inproted, that it' a man delivers
[tellM l9 atiotber to be read, that
tied wn overt- act of hig^h*
more if pei>pte in their cupi
ach health*, as were said to be
ny lord North aad Grey's house;
^di'UY but thai * biberc est a^ere/
" «re' in i tiii«, my hird» in all that
i present coi>cei titu^ the charfife
dn ufH^ti the prisoner within the
rx ; »ud if there be no charge
I him there, the evidence tfiven
w hftl he did or said etsewhere^
* nothmg.
May it please Yonr lordship,
mcfi fii the Jury, I hkewise ap-
i ' ^ the prisoner, who haT-
to this indictmeDt, 1
^ ' ' found otherwi£:e^
;ned tor him by
. utices i)f bis case
Mrue and cle:ir a Wi^hi an I can,
pur roiinisteratioti what may
ind legally coo*
rnce.
» him m of the highest na*
' Kn^tand know ; * crimen
itla;* nri le<(S ihan the con Rpirinfi^
i«i>e (hi' destth of the king ; and as
tie of any aggravation,
uy thiiii^ that we can
b(/pe your lurdbhip, and the
iry, will expect the strongest
Ftff llii> ca^ie udtnlts, such *h
^t^ and in, in %omv uukiijure, pro-
L*»^'"'" ' " '^flhe otic lice.
1 which the pri-
. tiii of BthvHrd S*
to niiikc hiNi a iuiiit*-d there
^aci, and thiii ovrrt act must
J pri»ted : * £t deceo pro? a*
t de overt tait/
r, Id bti third luJititute*, fol. 15,
pt^Upm thnt net, explains the
E' ^ving it mutt be
>\\ not ti[«»o con-
l»ri» *tr iiiirri»nce, or Mraiii«
fK»l bo • cotiimune argu-
^l other statutes have
ttic siih|«ct, uid [itr re
A. 0. I'm*
[«38
gntattng' trials io casea of high treason : par-
iieularly the late Ktatute Tmo Guhelm* S,
which enacts, that there must be two lawful
witnesses to the same overt act ; or one of
ihem to one, and the other of them to another
overt act of the same species of treason : ami
that no evidence shall be admitted or given uf
any of ert act that is not expresetly laid iu tlie
luilictment*
I think we need not, at present, enter loto
the whole of the case, or trouble the Court with
a )on^ detail of circumstances and many wit-
nesses ; but rather cbuse to leave that on the
foot Mr. HuDgerford hath put it for your lor<U
sbiD*e cooslderatiou.
II mast be admitted to us, that if the prisoner
is not guilty of an overt act, legally proved to
be committed in the county of Ei^ex, where
the species of treason and all the overt acts io
the indictment are laid } though all the other
fttcts in JMiihllesejc, or at Rome, or any where
al«)e, should be never so clearly made out, yet
they do fail upon this indictment, and tlie pri-
soner must be acquitted.
What have they to charge him with such an
overt act? Nothing but Uie single evidence of
Lynch 1 He is tlie only person that speaks to
this point. He says, that they set out from
Aidgate in order to ride to my lord North and
Grey's, and alighted at the Greeo Mau ; that
what discourse passed between them there was
before dinner : he owns be went downstairs
twice before dinner, and spent some time in
looking out of the window, to see some persons
with whom he was acquainted, and when the
dinner (which was soon got ready) was brought
up, Mr. Layer's servant came and waited, and
DO diMTOurse passed there during that time ^ he
tells you, that Mr. Layer puHcd a paper out of
his pocket, and shewed it to the witness, who
read part of it, and that it contained I reason -
able matter, as laid iu the indictment : this is
the substance of what Lynch swears, I took it,
as well as f could, in writing from his mouth.
Now, my lord, is this sufficient to convict
this ^entlciimn of commitiiDg an overt act of
high (reason in Essex? A bare pulling a paper
out of hiH pocket, and giving it him to read,
where vueh and such a thing is set forth, as by
him is called a tretu^onahle declaration I
My lord, if he hud pulled out of his pocket
the must treasouuble paper that ever was jo<
vinted, is it uny more thuu pubhbhing a libel f
Is ihat an overt aut of treasoit P I will suppose
it a copy of the Fretcnder'iJ declarattoa, or an
original, such a one as was burnt by the sherifls
of Lotidim two days ago : if a tnan had that,
nnd pulM it out of his pocket, and gave it to
auoilier to read, is this high treason ? 1 dare
say, if any such person tails into IMr* Attorney**
bandit, he, that always does his duty to the
crown Rs he ought, wdl go no higher than an
information for puhllNhing a libel i and all this,
my lord, is upon a supposition that the facts are
true wt ' ' ' ' fcworn by Lynch; but,
on I Ik 'ore are so rAany unao*
couatau*^ * 41V wii»^> «<*c«s in the ridatioiiy Uiat in
e
S39]
9 GEOKGE I.
Trial of CkrutajAer Latfer,
[WO
I
affair of that coo«equenee ftbould be tranf&cted
in such n (jiace ; in so bbort a time ; upon «uch
tin accideuUl bait ; when one of I be cun»)iira-
tors wa« either i;azi[it( at the i^'iodow, or run*
ninc^ up or doHti stairs the ^reatetit part of the
while, and other f>ei-fions were continually go-
4ntr hackwardii and forward*^ into ilie riM»jii, or
MrithiQ hearjrttj of every word that ^ Missed there,
we ihiuk it carries with it such au air oK im-
probability^ that no reasonable man cati give
credit to it^ rnuL-li less couviet a person of bo
great a crime upon aucti evidence.
But suppose what passed at the Green Man
(which I am very far from adoiiiting) should
be adjudg^l an overt act of hig^h treason : how
ft it proved ? Ou\y by one wilues^i ; one sin^^le
Witntfss to the fact in ibis county 1 The law re-
quires two witnesses to convict a man of high
treason, and that the jury should he returned
out of thut county where the facta are laid ; *■ de
» vicineto :' because the law supposes tbetn more
conusant of the circumstnnceiof a case which
^mribes in their neisfhUiurbood : hut if the proof
of one overt act in the county where it is laid,
by one witness, should be sutficient to let thtni
in to prove other overt acts in dijitantcounirieif,
or in foreign kini^d^inus, these fundamental iii]e«
of Jaw would be totally suhverleit : how is it
possible for a man to provide or defend himself
ag'ainst such a" attack ? It iii spriugint; a mine
ujwn hirn 1 Hudden and unrxpecled ruin!
Mr, Attorney wonH shew any precedent,
where it ever was alloived to be g^ood^ that one
wiioeaw tnig^ht pn>\e the overt act in the county
where it is laid, and that then they might t(ive
evidence of overt arts conmiitted m any other
county: if your lordship is of opinion against
us in Uiis piriicular, iheu we must be^ leave to
go farther I and observe u|H)n the rest of the
wilckeasea they bnve calleil ; not only to take
oflT their credjl, but to conlradicl tbeoi m a great
measure.
There hath been a ereat deal of other evi-
detice giten by ihein, but we must submit it to
your lordship, whether it is material his escap*
injjf from the uiessenger's Imuse, and his l»eing
ibken in 8t« Geurj^e^s tields ; and the evidence
tN^int to run thin, or elae I believe they would
nut have troubled the Court to call those pcr-
lons to chat which is no ways conducive to the
point now in judi^ment ; il your lordship in of
iipitiion with us, that this i^ uot an overt act in
£ssex, and let^ally proved^ bein^ there in but
one witness*. au>l at tended with such circum-
itaoces, then tlie matter is at an end ; but if
your lordnhip is of another o|)ioion, then we
Auat beg leave to go on, and likewise to offer
what Me have froto the mouth of our wit-
nesses.
L* C- J. You must go on, you have mixed
your disGour»e so that nobody knows what to
make of il ^ sometimes though the fact are
dear as lo the overt act, you have said sku much
agaioat, a» for, the improliability and nature of
tho thing, in point of law, aa for the other. I
don't see how we shall eumo at it, uftleiat you
go Uiruugh the cuuse.
Sol. Ctn. My lord, in the obsenratioos th
have hrlherto made, they have mixed < "
as to the fact^ tojv'ether witli ^ome fliiatt«r» i
Uwj that scemvd to W HMoedat, and fixed uM
no point; to which we cannnt '"
cular answer; therefore we i
go through their %f hole caae^bt^b .^
any part of it.
Mr. Hunger fttrd. Since it is your lortlsbip^i
pleasure that we shall now i^o on, 1 shall pn
ceed to make some observutjon^ upon the n
of the eiideucc given against the priamier I
the bar out of the county of Easex^ Tbei'
servations which I shall make will be in
general only, for I cannot descend lo all i
particular tasiaiices of the evidence gtf
tug not taken pru|»er notes for that pf
for I depended upon the insu6icietic|
evideur43 given touching any act of big
son b^ing committed in Etisex ; and I
that ti'oni that very circumstance the priaoocr
would have been acquitted; but^ howu
know the learned gentleman who is jnind
me, baih taken very exact notes of l^
evidence, and therefore what I omit, 1 i
sured he will abunfUntly supply.
The second \vitnes5 proiiucfff agaiuat ih«f
soner, is Mr. Fhinkett, who^ie evnlencc 1 ihii
ought to weigh but very liule with any jiuli
tu re whatsoever; the prisoner's meeiing wil
this man was very accidental in Liiicolti'a-tti
fields* when they did not know each other, I
yet ihey itnmedmtely entered into a diseour
of raising a rebellion, and overturning two king
dutus, and that ^reat secret of knoiiing wf
was to be the general ; though Mr. Lyncl
alter lungacqimintance with the [insoner.cou'
not get it out of liim ; yet it was communioati
to the eminent wiiueas Mr. Fltinkett at th« fir
interview, w itli an addition of mentionmg the
names of two very great men more, the earl of
Sti-aftbrd and general Webb^aa well-atfected to
the uudtrtaking : but that noble earl's and great
general's services to their country, are iOf» well
known to be blemished by such an incredible
evidence. After s^une discourae be»wi\t the
prisoner and Plunkett atmut the undertaking,
in which there was an incident of a disc«nir(*e of
another nature, whether the Luibenm religion
were not preferable to llie Popishi* And aAer^H
(a(« Flunkti'U say%) the pritkom-r bml CiimmuiUtf^^
eated to him an intention of nivading the king«^
dom by some persons from abroad, tlie prisoiirr^
in a very ^real fit of bcHinly, presents Mr.
Plnukett wuh tlie sum of haii'a crown* This
relation seems to be so im[irobah)e, and in
truth, is delivered (or rather slammere<J out) in
so wretL4ied und incoherent a manner, that I
lielieve that no one that heard it b<:hevea a w ord
of it.
The truth is^ I lie scheme itself teetiM railior
lo be a chimerical plan of some craxy-p^ted
politicians, than a solid (iroject of vkity tiien of
sense, or iu their wits. VVhnt undertaking can
there be so improbable, as that laid down by
this scheme, viz. seizing the general ol the
•rmy I msmu$ the To wer» ieizlog tlie £xcli«iig%
^wkm^ the Bmie #f England ; atid all this
^jAtfo«5e whicli dciefl noiajipear to consist of
■■^iltf^e or ioar ineaf ami for money , the
^^^Km of W«r, lii*^ nf^mn to be no great
^BEkvCtkai ; P' m ' : I > i ,ho\il half a crown
HMWBltiiie, aotl i at another; for
^Bli thi^ iptuaea jptjrejs gave him, it doib
Ml ifliiei tJie prbocier. Mr. Lyncb indeed,
«^ «Kf»« lo b^ a man of g^reater weighty
tf^Vnt fre^ueiii rej»ealirig biniself to be very
^— iaBii|, g'ol abciiit sei'en or eight guineas* 1
^■ViiM ibe«e lUing^, gentlemen of tlie jury,
^BliAfl» bow itnptnibable tilts part of the efi-
V ima k I' lud we boj»e to make it ap-
m fOMlD you le more so, hy the evidence
' vedk^i [iroduce to tbe reputatioo of the wit-
I M U> lb« p«pcra of all kinds produced as
mAfoe^ mgainst tbe prisoner, we hupe he can-
mhi$ mflecied by tbem, none of tuem beings
imcil to bis of ms hand writing ; aa to the
m fbtmil in the prisooet^B house, they are
i#a«rt lb«o what sfeiitiemen usually have for
ipM^fiee of their taoiily , or their recreations ;
mi m for bis bdag at *Roroc, it is admitted
iidllifi cvideoce is not given es a fact of high-
lannt 50 out^ht ri<>t to be considered as any
in the prisoner'8 guilt: As to the
r'm endeavouring to escape, it i^ no evi-
tnf the prijioner's ^uilt; I do not eater
llie cooMderation, tvhttlier the custody of
■MCDi^cr 1^ a It'^oI prisun, or no ; but there
piliardly • AM jnder any confinement
t^ but irou: Jy escape into liberty :
I Um prisuncv haih sulfered already for
Eeoce* if it be one ; he hath been put
FlnNkt^ and hia attempting to escape is the
I that m a8*<i^ued for it.
aa aomcthiog spoke in the introduc-
1 1» ibis acGutaiitm which was very remark-
, fix* Itial »t waa a design, if it had took ef-
^ diAt would have enga|^ the whole nation
1 would hafe destroyed our ciiil
rights : We who are of counsel
uer, have as great an abhorrence
radiiag of that nature aaaoy men can have :
lyK wt- bo[ie, that mankind is not to h^. led
ritb ihew and colour, but to be guided
00 mud umttemof fact. Is it (lOfgible
F^lht peoiile could have been raised into % re-
llfta* Djf * Droelamatiou wUkh was never
It toy Mr, Lynch 's reading two or
htm HmcM of it f And w hich, by BIr, Lynch**
9m cviileocc (ivhioh 1 forgot to remark before)
^ tflipcrf <rct i for he »ayt| Ihat the prisoner
I Hibto* be tntcndod to put it in the Pretender's
■i^ wbich il seems was not theo done ;
\ llicrvlbnB what was produced, was at the
I •!» loipcrfect pi*^ce only. Or that the
vat tba bar. a innu ut u i^t^itilt'jiinii-like
bttly. itutrri! 1 estate
9Qm wikM, • ^ ; : I or nu-
00 provision of
stiould, with the
<if a byrulit tif ptipers, and of
i Phinkttt, oTenuru and en-
Bli kingdum. God he thanked,
Sfl.
«
the Protestant British government is not so
easily to lie hroug^ht lo destruction : thcy might
much sootier (ami yet I think that very di%«
cult 10(») have lM>rrowed lOO^OOo/. of the Bink ^
of England y upon the Nlind notes which they ^M
liave produced, sent by sir Williaui Ellis, than ^M
have nrouglit about a revolution in this kin** "
dom, with ^uch materials as they seemed to be
posse&setl of
These things therefore, my lord, I urge, are
circucn)JtunceH wbich render all, or the greatest
part of the evidence given, very improbable.
I shall close the whole with two paragraphs
of a speech* made by one of your lonkhip's
predecessors, my lord chief justice 8cioggs,
sitting in the same sacred seat of justice where
your lordship now sits; the words are these:
** If once our courts of justice come to be
awed or swayed by vulgar noise, and if judges
and juries sliould manage themiielves so as
would best comply with the humour of the
times, it is falsely said that men are tried for
their lives or fortunes; .they live by chance,
and enjoy what they have as the wmd blows,
and with the same certainty.
*^ Let us pursue the plot a God^s name, and
not baulk any thing where there is danger or
suspicion upon reasonable grounds j hut not
so overdo it, as to shew our zeal, we will pre-
tend to find what is not ; nor stretch one thing
beyond what it will bear, to reach another/*
Mr. KeUibey, I must beg leave to go Q\%
where I kfi off with Lynch'e evidence.
All Plunkett salth was in Middlesex; but
whether he is a credible witness you will
hear by and bye. I cannot but take notice nf
one thing which is unaccountable in his evi-
dence, and renders it impossible tu be true : He
gives vou an account of a letter which he re*
ceived about ten weeks ago ; be is very po-
sitive as to tbe words of the letter, 1 asked
him over and over again to it, be repeatji it as
such ; when we examined bim farther, it ap-
pears that he could neither write nor read ; and
now became to remember so perfectly, wbeo
be could not write nor read himself,* is very
strange. Why, saith he, it was read over to
me twice, and we have heard him repeat it three
times ; and I appeal to the jury, if any one of
ibem can take upon bim to repeat *it ogaia
witli that exactness the witness pretends to do.
Is it not ccpially strange, my lord, that Jef-
freys, a man of letters, the first time he saw
him, an itrnorant common scrjeant in the army,
shouhl iiuuiedtutely fall into a iliscourse with
him about u plot, and raising a rebellion, as if he
bad before been intimate with him ? 80 like-
wise, be saith, of Jamt!» Pluuketl, ttie i^ame
day, tbe first day be caiue lo him, be came ta
his own house, and there- talked tu him about
this affair ; as if they had nothing else to talk
of but rebtfllion againnt the govern men t. And
* Lord Cliitif Juttice Scroggs his sncecb
the first day of Michaelmas term, IGfO. rrint-
cd that year. Farmer EdUim*
R
4
4
243J
9 GEORGE I.
Tiial of Christopher Layer ^
[244
I submit it to your lucdsliip and the jury, whe-
ther it is likely «ir possible, that any man ot'
coiiiinon sense shuultl subject liiuist-'lf in so
cbiii^iTfJUS an afl'air lo^iiother ihat was an utter
Strang er to him : But here he t;ives you an
acr.tuiit of tivt> several persons untler the same
iiii|it-iulenre, the same iniattiatiou, James
I'lu^i'-:- It auil the non-juring- parson. Desuli'S,
there is a inauilL-si contiaUieiiuu in hi« evi-
dence: fur, at first he tsaid, that the non-
jui-in;;f parsou told him his nauic was Jeffreys
the lir>t time he saw him ; and afterwards
\mi\\r cioss-exairiiiit'd, he said, the first time
he kiicw his iiaiiic to be so was upon the re-
ceipt <d' his letter, and tindin>; the uame so
subscribed.
The next witnesses ^ave an account of the
seizing the papers, and then 31rs. Mason. We
a.sked iter it those pajiers had been seen by any
body since she had them, and whether she had
bhowu thcoi, or any other papers, to sir John
Meeres, or any of his servants ? She positively
denies it, and sailh they were not.
I don't know \^hetlier iliese papers were seen
by any body, for we have not one word of them
in our brieU, and the very i)roducin^ tliem is a
Ktirprize to us ; lot we shall pro\c, that this
woman shewed some paj)ers to sir John i\lecre\s
or his man, and that thereupon notice Mas
^^Ivei), and the jiapers soon after seized. But
whether thc<.e are they or nt>t, 1 cannot tell.
I observed before upon the evidence of Mr. De-
lafaye, Mr. Slanyan and Mr. Dovley ; a:;d
though your lo:(l;shlp was of opimon* that it
was sufficient to h&ve the paper called the
t>chcme read, yet we hope it is far from bciu^
u conclusive evidence a^-ainst the prisoner, it
DOtbein^ found in his custody; and ue shall
produce several viho now are, and for many
years have been well aci^uainted wi;h his hand-
writing, who will ;;;ive your lordship their
thoughts of it. 1 believe i\Ir. Attorney uould
not have endeavoured to call witnesses that it
was si<^ni'd by him, and was his own hand-
writing, if he had not thou;^ht it material : yet
wc hope that whun our witnesses are heard, no
credit will be given by the jnry to it, as a fact
to cbarg;e the prisoner. We shall g-ive you an
account, if my instructions arc true, that
Plunkett, IjNneh, and Mrs. Mason, who arc
the persons chiefly concerned in the course of
this evidence, arc of so scamlalouH and vile a
character, that no re(<;ard at all is to be had to
their testimony. The most honest men may
mistake in their evidence, as Mr. Stauyan is
pleased to i^jiy ; if he matle any mistakes, I am
sali»fied they pioceeded from a defect of me-
mory, and nu ilcsitrn, and he is certainly ex-
cu^abie ; hut as for the other three. Lynch,
Viunkett, and Mason, when you shall* have
heard half what we have against them, I dare
stay they will not have the least credit, though
ihey had;^iven a much more pi-ohable evidence
than they have done. Bat surely as it is,
their eviilence cannot have. sufficient weif^t
with yuu, to prevail affaiusl the lile. estate.
and fiuxiily of the gefttlSuair lieK btAre von, lift^ m t knANr'U;
and to fix a perpetual stain, upon him and
his posterity.
3Jr. Huiigerfurd, My lord, we shall call oar
witnesses, and' begin with my k>rd North and
(iny.
Alt. Gen. W^e desire to know ivhatitisyoa
call my lord North and Grey to pn>ve ?
Mr. Ilungerj'urd, lie is to g'lse an accDunt
of what passeil at his house, what Mr. Lynch
said when he was there.
L. C, J. Then you do admit that he was at
the (jreen Man, and he weutto my lord North
and Grey's afkrwards?
Mr. Kctelbcy. lliere is their sheet-anchor.
Mr. Hungetford, Wc admit we were at the
Green Man, but committed no hipfh-treasou
there ; your lordship hath set us ri<<^ht in the
|M>ini of tiniinqr our evidence in the nature of
this transaction ; it is proper to begin with the
master of the Green Man.
Mr. Mackrcth sworn.
Mr. Hungerjord, Mr. Mackreth, pray, give
my lord and the jury an account whether Kr.
Layer, or Mr. Lynch were at your house lail
summer, or how'lonc; they were there ?
Mr. KeJclbcj/. i think you are master of the
Green Man ?
Mackrcth. Yes, Sir, upon the oath I have
taken, f do not know that Mr. Layer was ever
at my house.
Mr. Ketelbey. Do you remember any thing
of the Saturday the 2jlh of August ?
Mackrcth. No, 1 cannot.
Mr. Kctclbtj. Do you remember whether
you were at home that day f
Mackreth. 1 caiuiot tell : If it was on a Sa- '
turday ; on Saturday [ oflen attend the jus-
tices at 1 1 ford.
;Mr. Kclclbry. Do you know whether you
was at home that day r
Mackreth. 1 cannot tell.
Blr. Kclcibej/. Do you know Mr. Layer?
Mackrcth. I never saw him before io my
life, as I know of.
Mr. Kctclbty. Was there never any enquiry
after him at your house ?
Mackreth. No: There was the duke of
Grafton and my lord Halifax came to my
house some time since. The duke of Grafton
intimated something of this a/Fair ; the duke of
Grafton said to me. You are to be liau^:
Hafisfed, for what.' said I. You and your
friend Layer are to be hanged. Said I, I never
saw him m my life. They walked to and fro
in the hall. 'What, said they, do you know
nothing of this Layer? Nu, 1 don't, as I hope
to be saved, directly nor indirectly.
Mi-s. Mackreth sworn.
l^Ir. Hungcrford, Pray, do you remember
any travellei-s at your bouse upon the 25th (£
August last?
Mr. Ketelbeif. Do you remember when Mr«
Layer was at your bouse ?
Maekreik, IneTerHiwtbegGAtleiiiaBiDgqf
H5]
for High Treason.
Mr. Keielhey. Are yon cunstantly at home?
Mackreih, Yes, I have hardly time to go to
diBreh.
Hr. Ketelbey. Did yoa ever hear any thing
«f a deelmration read ?
- Mmckreth, I never heard any thing of it in
■ydayiy my lord.
Mr. Uun^erford. Pray, do you know tlie
liOM Me pair of stairs forward in yoar house?
Itmkreth, They are all forward, my lord.
Vr. Hungerford. How far is the bar from
Jkckreth. My bar is below stairs, even with
Mr. Hungerford. If any thing is read there
dM, in any of those rooms one pair of stairs,
CmM yoa have heani it ?
Mackrei/i, To be sure, my lord.
John Paulj'reeman sworn.
If. Hungerford. Do you remember any
iif of this gentleman bemg at your master's
Amr on the 25th of August last }
Ftulfrtcman, 1 remember nothing at all
•fi.
. Mr. Hungerford. You remember nothing
ffit?
FaMffrecman. No ; to my knowledge I never
«e bim before in my life.
Mr. Hungeffttrd. Do yon remember any
thing of some (leople dining there on a beef- :
iteik? I
Paulfreeman, No ; 1 don^t remember any j
thing of it. I
Mr. Hungerford. Do you remember tliis I
gentleman's face ai;ain ? '
Pauffreemaif. No; I don't remember that
erer 1 saw him before. I
Mr. Hungerford, Is my lord 'Si^rih and ;
Gmr there ? I
Rfr. Hungerford. We shall examine my i
lord North andGrey only as to some passages '
at his lordship's house, and chietly as to the '
character of this Lynch, and what a charac- .
tcr he gave of himself; generally, a man i
viH in^e a good character of himself, but he i
^ otherwise. j
Lord North and Grey sworn.
Mr. Hungerford, If your lordship pleases to
S're my lord and the jury what account you
re of one Lynch.
Lord North and Grey. My lord, that gen-
leman that goes by the namit of Lynch I saw i
l»ice ; he came twice to my house in Essex : '
/little thought ihat my having seen him twice j
It my house, should lie I he occasion of my j
coming hen* m such a manner. The gentle-
naa vias wholly a stranger to me, and I have
never seen him since. As to mvself, I cnnnut
ay I know any thing of him pentonsilly. The :
only tliini; I cnn say, is what he s^aid ot himself. I
It is a liille lianl for a man of honour to betniy j
convenaitim, what passed over a liottle of wine
in discourse; but since your lonlship requires
it, I must submit.
The chief of our discourse was — H« was ro-
A. D. 1722. [216
presented to me as a stranger newly come
to England, and had a mind to see' my house
and gardens, lie was introduced, and brought
there ^accordintfly by Mr. Layer, and 1 re-
ceived him civilly. In process of time he told
me the history of his life thus ; that he was
not a Spanish, but an Irishman, and, my lord,
1 think, educated in the camp under an uncle?
of his. He told, that when he was a young
man, he had takeu a great muny liberties.
Serj. Pcn^e//y. My lord, we numbly appre-
hend, this evidence is not proper to be given :
If they have any particular tpiestiofis to ask of
my lord, let the counsel projiose them, or ask
my lord North and Grey to the character of
Mr. Lynch in general : But thus to give an
account (by way of repetition of a discourse
between lord North and Grey and Mr. Lynch,
where he was bom, and where he was bred up)
and to give a history of particular facts, is what
they ought not to do.
Lord North and Grey. T am glad to be in-
terrupted by that worthy gentleman. I only
desire to know to what points yoa would be
pleased to ask roe.
L. C. J. Mr. Hungerford, you know what
the rule of practice and evidence is, when ob-
jections are made to the credit and reputation
of the witness ; you cannot charge him with
{)arlicular offences : For if that were to be al-
owe<l, it would be impossible for a man to de-
fend himself. You are not to examine to «he
particular facts to charge the reputation of anr
witness ; but only in general you are to ask
what his character and reputation is.
Mr. Hungerford. My lord North and Grey
is an entire stranger to him : but he was only
going to tell you what account Lynch gave of
himself.
L. C. J. That is very well. Consider, if
that is not the same as if you were to charge
him with particular facts. You say, he him-
self, when he was with that noble* lord at his
house, gave a character of himself much to his
disadvantage. It is impossible for him in such
a case to give an answer to it ; therefore by the
rule of evidence \m\ cannot do it.
Mr. Ketelbey.' If that noble lord was going
to give any character of him which he heard
from other persons it might alter the case. But
surely wh^n thechaiacttM* he gives of him is
grounded upon whai he ^aid of himself, is not
that much stronger than the hearsay of othern,
the talk of strangers ? The character he had of
this person is from himself; therefore we hope
he shall give it in evidence.
Mr. Hungerford. If they won't let this noble
lord enter into a relation of what character this
Lynch gave of himself, we cannot help it.
L. C. J. You know, if there he any ohjcc-
tions to him, to his seneral rhnmctiL-r, he can
answer them:* but if <ibjections are grounde*!
on parlirular rharifes of his being a base, an
♦ See Vol. 13, p. 1«7 ;. and Peake's Law of
Evidence, ch. 3, an. Wimesscs, s. 2, art. Ge-
neral Character, as there referred to.
M7] 9 GEORGE I.
infamous, and an ill man, not having any no-
tice of this, it is Impossible for him to liefend
himself.
If you will ask my lord North and Grey
what general character he gave of himself,
you may.
Mr. Hungerfcni. If my brief be true, the
whole Ten Commandments hare been broken
by him.
X. C. J. Very well ; and so you charpre him
with the breach of the Ten Commandments,
and he most let it go for fact, because he can-
not have an opportunity of defending himself.
Mr. Ktttlhey. What character m jeenend
did he give of nimself to your lordship r
Lord North and Grey. I do nut know how
to answer it, as to his giving a general charac-
ter of himself. Tims much 1 must say, I saw
him twice. The first time he was brought
down by the gentleman at the bar ; the second
time he came, he was ill received ; and 1 or-
dered it should be told him, that in case he de-
signed to stay there, that I had no room or
anv lodging for him. As to particular things,
I do not care to speak of them. I should be
very sorry to say it when it was said in my
company, and under my roof.
Mr. Hungerford, We will not press it any
farther.
Lord North and Gr^, I must beg your
lordship's leave, if the gentlemen have no far-
ther to say to me, and your lordship have no
farther commandsy that 1 may return to my
prison.
Mr. Hungerford, I hope yon will make way
lor my lord North and Grey through the
crowd : and, if your lordship pleases, we will
go on with our evidence.
George. Taltfo^sworn,
Mr. Hungerford. Prav, give my lord and
the jury an account of wliat you know of Mr.
Lj^nch. — Mr. Stephen Lynch, what character
hath he ?
Talbot. Why, Sir, the character I know of
him is this, that he is a man that hath been so
extravagant, that he hath brought himself to
necessity by it; kept very infamous com-
pany.
Mr. Hungerford. What character hath heP
Hath he the character of an honest man ?
Talbot. He hath a very indifferent sort of a
character.
Mr. Hungerford. Hath he a good or a bad
diaracter f
lalbot. The character I ran hear of him is
a vpry had character.
Mr. Ketelbey. We do not ask you as to the
particulars of his life and conversation, but only
the general character he hatli, and the opinion
the world hath of liim ; whether he hath the
character of an honest man, and is a person fit
to he believed ?
Talbot. The character 1 have had of him, is,
thai he is not to be believed.
Att.Oen, How lung have yoo known him ?
Talboi. I have not Men bim these biz yean.
Trial qfChridopker Layer^
[a»
Att. Gen. What is your empkiyn
Talbot. 1 am not able to follow any (
now.
Att. Gen. He says he hath not w&ea bin
these six years: how long ago waa yow ac-
quaintance with him ?
Talbot. I met him at the Canaries, when I
was coming from thence, which is aboiit aZ;
years affo ; I know nothing of him ainoe|lHt
what 1 nave heard of bim.
Att. Gen. Have you ever had any deiKnga
with him ?
Talbot, I never had much dealinn with
him ; what I have had have been very litlla In
my advantage.
Mr. Ketelbey. If Mr. Attorney desirea tha
particulars-
Mr. Hungerford. We conform ouradvei to
your lordship's rule, to ask only to the general
character of the man : but if 3Ir. AttoriMy will
enter into particulars, we will join iaane wilk
hitd, and go into that method too.
Att, Gen. 1 asked him how long hahii
known him, he says he had not seen Eim than
six years.
Mr. Ketelbey. Have you had a character if
him?
Talbot. The worst I could ever hear of any
person ; I know nothing of myself, but what l
have heard from others.
Mr. Winchman sworn.
Mr. Hungerford. Pray, give my lord and
the jury an account of what you know of this
Stenhen Lynch.
tVinchman. I knew this gentleman fbnrleen
years ago in the island of the Canaries, there
he kept an Irish gentleman company, one Wil-
son ; he was then well- beloved by every body :
the gentleman took him into his company, and
afterwards he grew extravagant and the gen-
tleman turned him out of his company.
Mr. Hungerford, Is he accounted an honest
man, or a knave?
Winchman, I will not trust him for any
thing.
Mr. Hungerford. You say von will^ not
trust him for any thing ? — Winchman. No.
Mr. Hungerford. The wiser you.
Mr. Ketelbey, Is he a man to be credited?
Can you believe what he says ?
Winchman. I think I would not believe him.
Mr. Ketelbey, You are right.
Jame$ Darcy sworn.
Mr. Ketelbey. How long have you known
Mr. Stephen Lynch ?
Darcy. About a twelve-month.
Mr. Ketelbey. I do not ask you as to his par*
ticidar life and convertAtion, but in general
what is his character, is he a man to be neliev*
ed or credited ?
Darcy. I do not take it that he is.
Att. Gen Where did you know him P
Darcy. 1 first knew him Ust winlor ia J
don.
Mr. Hungerford. b IInGcoq;« I
UBJ ^^^F for High Treason.
P My lord, li«r« b n complaiJit mtide
ie irjsmepifta caqU be let in.
A. D. 175**
[250
I C.J. IWv must be lei m.
hL 0<«, Wlm mode tbe complaint f
lif« Him^rr/orc/* A geoilemikn here ill
fiii Got. It M ilie business of^our fi4)l)ci(or5
ibai way be niftde for your wit-
Ht. Em^gerford* It in nol the busineis of
yvm m'mm^titrm to fltop tbe pftAfliige.
Sd Otm* They danH «lu|> tbe passage.
Wt. Bfmgttford. No; Mfbm is vour Kusy
flAvirf Ifticre [|K>iuUfi(; to cvlonel Huske^ u
Seq. CktMhirr, We must stay here half an
mat fsK rvery nittiefts.
Sr, Fitz^^sld did not appesfi theo Mr*
\ k^ ItSaioe wsk sworn.
Il UmMgrrf'^'r ^Tr. BUke* do you know
' <IMbb Ly^ncf . Yes, 8ir.
m. Mungt^j ! J vs give lay toi-d and
isjfvy •» Arxiiunt of ^tni, vrhetlier be is a
'to be bt^iei ed or not :*
1 beard a very ill cbaracler of bim
•cm yearm ago. I have bcaid that be
1 im wives.
) MMBgirfard, H be to be believed or
I know ootbiiig but by hearsay, 1
li# it fiAt to be bebeved^ because [ have
m \mm efaaracter of bitn.
Mr. Coif i fix fcwoni.
Mr- ITun£(rfK'd. Wiii you give my lord
I [1 account of wbal you kuow of
ikff 1 D6?er cxchang^ed a word with
Mi:. Bumgerfurd. Wbat chsrocter bath be?
I tbJ/iJti^ A I c-ry infamous character. 1 know
JImi liy cyc-^w^bi only ; I have seen him upon
[iSe Ea^iojci^r of l^oorion.
FruMicr, Is be a person to be Credittd or
lam?
C4ifm» No, I bebere not.
Mf. JrcifrA sworn.
Trin§€rfi>r4^ Do you know Stephen
r hatli be,
.MP • |rfrnw»i It' I'v I'uii IjIS O&tb ?
itr^cJL liklfi'tT
Hr- Ujim^rf&rd. :... i..,^ baveyou known
Trr^k, Sdtorcigbi monlbf.
I r, M^Uty and Mr. Bhk^ twoni. <
~Tr Ari'fift^t Mr. K»*)(ey, how long have
il-*Mt» t« stepbcn Lyntrli t'
' ^ * ' wn bim since tbe
i.^<st,
' "^if^ter, IS it an
I aol TCfy file,
^^ bimacha-
Mr. KfUiUy, Mr, Blake, how long bare
yoij krtOv%o Skjihpn Lynch T
Bhiht. 8ir, 1 nearer bad any acquaintanot
with bim, but i b&vc beard be bath a vile ctia-
racier.
Mr, Hun^tr/ord. Have you had any dis*
rouise utHMit tbis Irialg have you b^ard any
tbin^^ said by Lyncb bimsetf aUiul lh«* matter
that is now in juiJtrnient before tliis court?
Blakc^ There was one Mr. French, a par*
ticular acquaintance with Lynch j 1 met Mr,
French, bearing be wai» »! ibesume inn witli
mCf (I Itelong to the IVliddle Tempt e) and he
toNI me be wnnieU money.
Sid, Gen. You know what he told you is ool
evidence.
Biake. 8aitb be, there is one Mr. Lynch
owes me a eood deol of money, and I want lo
ifo and sec bim, and I have no mind to jBfo there
hy myself. Next ilay f consented to go a1on|^
with him, as thinking there coufd be no
danger in that: when we came to him, 1 sus-
pectf says Mr. Lyncb, that you come for some
money tint 1 owe you. Upon that, be desired
bim to Sit down, and told tbe gentleman lie was
sorry he had diaapiioioted bim. Then he
begun to talk of my ford North and Grey, and
my lord Orrery, and Mr. l*ayer I believe I
«batl bang him ; but as to my lord North and
Grey, and my lord Orrery, i know nothing
of them : I know nothing mor« of Mr. Layer,
but what 1 had from bim himself. iSome
words passed betiveen bim and me, and talking
of my lord Towns hcnd, be Stit J my lord Towns^
bend was of a morose temper, but my lord
Carteret was of a better teni|>er.
I^Ir. Ketelbe^f. Speak to the purpose ; I desire
to know what you cau say of Mr. Lunch's
character F
Blake, I don't know any thing of Lynch,
but that be is of an infamous character,
Mr. Kdelhey. What did besay of Mr. Layer?
Blake, He said he would hang bim.
31 r. Kttdhcy, Did he say any thing about
the f ifcness ot lb© plot, or why or bow far he
tbuu£;bt it bis duty to discover such villainy f
Btakf, No, I donUknowof any such thing*
l heard him say, my circtmisiances are very
poor; and the motive that imUiced hitn to do
tbi^« was to save tbe lives of a tbout^im^l people.
Mr. Ilungerford. Did be speak any thing of
getting money i
Blake. No, I cannot say any such thing,
L. C J. That is not a fair question.
Blake. 1 CAU inft)rirt yonr lordship more i
saitb he, f was forced to (f» Ibis ; but if I had
got off from tbis affair; t would fikjh t any
dojcen people in England to come oB'tVoin it.
SoL Gen. Where do you live, Sir ? Do yoa
live in tbe Middle-Temple P
Blake. No ; 1 live at IMrs. Ireland^s iii Por-
tugal eircel.
Mr Uungtrford* In the conversation yott
bad with Lynch, u'ai tbete talk of any tDoncy
be was to have!*
SoL Gen, You adktd bim that tjucstion be-
fore, and was told ii wan not ti fair question.
n
251]
9 GEO&GE I.
Mr. Hungerford. I khiDk I did not. Mr.
Darcy, what do you know more of Mr. Lynch ?
Darcy, Sir, I went to see Mr. Lynch on
account of some mone^' which I lent him,
and when he was taken up in Manchester-
court I went to see him ; there he received
ine civilly, I took him aside and asked him for
ray roon^y. I told him so freely, and asked
him how he got money and several fine clothes
which he had P he told me a lady used to come
twice or thrice a week to visit him, and this
lady was the mistress or daughter of one of the
chief ministers of England; he said this
woman
L. C. J. You must not, put him in this way.
Mr. Kttelbey. Mr. Blake, have you given an
account of the character of this Lynch ? I
only ask you the general character.
Blake. I have told you already.
Prisoner. I have two or three more to the
same purpose.
Terry sworn.
PrUoner, How long have you known Lynch ?
Terry. Seven years.
Prisoner, Hath he the character of an honest
manP
Terry, He hath the character of being a
loose young fellow ; that is all i know of him.
Pnsoner. Is his character good or bad f
Terry, His character is loose.
Mr. Hamilton sworn.
Prisoner, Do you know this Stephen Lynch ?
Hamilton, Yes.
Prisoner, What character is he of, is he to
be believed ?
Hamilton, No, I believe not ; f was cautions
of keeping him company ; I believe him to be
of a vile, infamous character, that will do or
swear any thing.
Mr. Hungerford, We leave the character of
this Lynch here, with the weight of the
blemishes charge<l upon him by our witnesses,
to the consideration of the jury.
There is another of the witnesses, Mr. Plun-
kett, to whose character we shall likewise exa-
mine. We shall call a witness or two to that
matter, and then we shall close.
Mr. Thomas Brown sworn.
Mr. Ketclhey, Do you know Plunkett ?
Brown, Yis, I have known him these ten
years.
Mr. Ketclhey, What is his general character?
Brovn. He baHi but an indifferent cha-
racter.
Mr. KeteUey. Is he a man to be believed ?
Brown, No, my lord, I doii*t believe he is.
Mr. Keating sworn.
Mr. Ketelbey, Have you known Mr. Plun-
kett, and how long ? ^
Keating, 1 never had any knowjedgvofhim
before tht* beginning of July last.
Mr. Ketelbey. What character and reputatloii
litthheP fibtliheagoodoranillclMnMMc^
Trial of Christopher Layer ^
Keating. I will tell you : about th<
niug of July last a man that owed no
money on a note of his hand
SoL Gen, My lord, we must opp
going into particulars ; they know t
confined to examine as to his general cl
only.
Mr. Hungerford. But if the gentten
follow some of your examples, and in
himself by prefaces, we can't help it. ^
L,C,J. To a general question yb
give a general answer.
Keating, The knowledge I have had
I never knew any thing tolerable in hb :
I never heard a good character of him.
Mr. Ketelhev, Did you ever hear a hi
Keating, Yes, a rery •Hiad one, that
a drunken, idle felfow, always kept c(
with otli^ women.
Mr. Ketelbey. And from the charact
have had of him, do you think there
credit to be given to him ?
Keating, No, I don't think there is.
Mr. Hungerford. My lord, here we y
a man of quality, sir Daniel O'Carroll.
Sir Daniel 0^ Carroll sworn.
Mr. Hungerford. Do you know PIi
Sir Daniel. Yes, Sir, l do.
Mr. Hungerford. Pray, what is his
character ?
Sir Daniel. 1 can give no good one <
for it is a mighty bad character he ha
caused his colouel to be brought to tow
examined
Mr. Ketelbey. I only ask you in g
don't enter into the |>articnlafs: I only
general, from the character he hath
world, do you look upon him as a con
witness to be believed against another n
Sir Daniel. I woulii not take his e^
to hang a dog.
Mr. Hungerford, And here he attei
hang a Protestant !
Mr. Thomas Spelman sworn.
Mr. Ketelbey. Do yon know this P|i
and how long have you known him ?
Spelman, i have kno^ n him seven c
years.
Mr. Ketelbey. What is his general ch
in his life and conversation ?
Spelman. I never knew any ill done li
Mr. Ketelbey/. What is his character
Spelman. l can't give any characi
man I dtni't kn(»w. All 1 know of h
about a dispute between him and sir
Carroll about a horse, and his desiring tL
yer to sue sir Daniel.
Mr. Hungerford, Did he not say
thing before that ?
Spelman. He said, the lawyer be en;
woold do bim jnstioe.
Att. Oen. Yoa wy yott dw*t ^^i^
Jtft High Treason^
fjmmtfrt^fhrd. Do ^ou know ibis Plan-
, Id tue tell you *, I liave
LAnti:>rii iuu-<: upon ihii£ acc4)unlt Hie
Oial 1 bntu^^bt Pliiiikeit lo he uc-
^.*). \i. » .-r, Mr Layer's man
K , Mr. Laijer bad bis
z*. ; n\wa tlmt 1 tient
ii 1) liave two fioltticrs
^ I. (JO to Mr. Ltt)er*8
^ bailiffs thai baf c w loogr*
'^\ ^ou must go and turn
mi. JO with the sohliers, nod
tlir * ' > 'f the house \ upon which
Mj:, Lmjct liai c him half- &- crown : alttfr ibis
Piiu) fio friend but me ; and he
• aoU desired me to apply
for some money he &aid
r n tiorsc, 1 tohl him 1 thought
|>rr»i«ir Daniel upon that ac-
It ■ • t : Hrf rnomhs a^ he came
I Mr. Ijiyer in Un-
oitt k . , u.uL Mr. Layer did nut
\mm bim ; i tutd him^bayshe, i am one of
Oivt tlial ft rv« (I tiirn at sucit a lime, and (hat
la bail («^i •M-a-crown, and that then
l--^ Tied him. This is all I
^rn, and will tcl) the tnitli*
jrd. Is be a man as may be
tCi^u ypoo his oatU^ or not?
tU. I must tell vou, that I found
. wm maov mistaken about hii* own wife,
by Gndf I would not take his word fur a
A. D. \72f.
[254
x
Httft^frfbrd, This contradicts what
...I .. ... I ^ twecn him and
I Is, with respect
..T .,.,^ ». v.oi^u^it fetrms to be
rai^rtM^»
How doth it? 1 am to team again,
laworc, that heentno with him under
way , and tbrre, after he had talked with
■i bv i;au> him half-a-crown. This gentle-
t «wtn hr fr^vr it to bim for the service he
-fiance of time before.
3' Go 00^ but donH iwear
jUcpii iitjy ujurr.
Bt9^tuY/i I ntn a iioldier, a man of hononr,
' ' uld not do an ill tiling
i^u¥ I have been M^nt
* ^if e in buit| and he would
^ bat did Mr. PluukeU say
► t whai pajised betvieen you
Jt !f r tn!d mr Mr. Laver gate him
the service he
iiiti{^ tb«ofi&c«ni
rap Fht/lip$ nwQvn^
takiiow Pluolcettf
^h^tipi. Yea.
Frigoncr* What character h^lh he ?
Pfiulips. 1 think, by ivhul I have known by
him, he h not to be Ixdieved.
Prisoner. Is that bis general character?
Fhylipi* It ia; Ui at every hody gives him
that knows him.
Altjundtr Thytips %vfQvt\.
Mr. KeUlhey, Do you know Plu&kettf
mi/lips. Yes.
Mr. ketelifty. Flow long have you koowo
bim?
Philips, I have known him about eleveo
weeks.
Mr. Kvtelbcy, TV hat character hath be f
L, C J. I never heard tbe like ; when you
give the character of a man, you g'ive thai
character by men that have not koowQ biui
above eleven or twelve weeks.
Mr, HungcrforU. Have you ever bad ai^y
dealing with him ?
Phyiipi. No, not I ; but my uncle hath.
X. C J. Most of your witnessiies have known
him but a little time, seven weeks, eight weeks,
eJeven weeks, ^c. It would almoat make %
man suspect, that some jjoopie have been set
up on purpose to give an ill character of these
people on this occasion. To talk of seven or
eight weeks acquaintance 1
Mf . Hun grr ford. That maa is crowded in
I don't knuw how, but sir Daniel Carroll ia
tumbled about and cannot get out; sir Daniel
is a t^entlcman of merit, and as 9uch liutb beea
distiD^^uiahed by the government) uod ought to
he treated a httle better.
Patrick Atahone sworn,
Mr. Ket. What ch.n at tcr hath Mr. Plunkettf
Mahohf, 1 have known Mr. Plunk* It several
year«{« and that he wub un iiltf, broken man, and
a great liur, and not to Ihj believed.
Mr Hunger/oni. He would lye before and
l>ehuuK I think you s^iy ?
Miihone. Yes, he did.
Mr. Kci, Do you think he is to be oredited,
if he u>mea to give lesttmony agaioat •
petaon ?
Miihone. Upon my word,! think he is not,
by what he told me ; liecause 1 have found hioi
to lye backwards and forwards.
Mrs. Chiid Bwoni.
Mr. Kti. Mrs. Child, pray have you bad
any discourse lately with Mr.'Plunkett ihe Ser-
jeant ?
Chtld. I never Inid any discourse with him
but that d^y my hit^huinl waticonfmed, when I
run to look for' Mr. Plunkat** wife» and Plun-
kett's wife was not at horne^ but was gone to
sei» her husband at the m«'*se»*f ers ; I wctit
thither; Mr. Phmkelt hearing I was at the
door, he desired that I should come iu. SaitU
he, MrK. Cliild, how comrs it that vnur hunbaud
dolh not come to see me? Vou know, savs 1,
ypou what aocouut my huiband ahients him-
sell; W hy , he t* wot takvu up y el Y Yes. «») a
<
855]
9 GEORGE I.
Trial of Christoplier Laytr^
I, be if, and confined upon yonr account. He
takes me by the band, be takes me into tbe
coal- bole, and take notice wbat I say to you,
and set to voor busband and tell him quickly.
Andne told me that he took my busband to a
lawyer that was gohig to pay on tbe 18/. that
sir Daniel Carroll owed biro, and tbe lawyer
would not see him, and so they came away to-
gether.
AU» Gen. She speaks much to tbe purpose :
for she confirms wnat Mr. Plunkett swore.
Mr. Kei. What did Plunkett say ?
Child. He said, he was going to get a settle-
ment for life.
Vkv.Ktt. What was be to get a settlement ibrP
Cluld, For wbat be said of Mr. Layer ; a
etory be had told me of my husband.
i. C. J. You ba?e called a great manywit-
nesses to the disreputation of Lvnch and Plun-
kett, to say th^ na?e generally ill characters,
and are File, infamous fellows, and not to be be-
lieved ; and there is tbe substance of all your
evidence if you stay here till to-morrow
morning. ,
Alice Dunn sworn.
Mr. KeU Do you know what character
Plunkett hath f
Dunn. His character I had firom himself,
that he lived with another man's wife.
Mr. Ket. Hath he a good or bad character P
Dunn. He hath a bad character.
Mr. JUL Is he to be believed ? ^
Dunn, No, he is not to be believed.
John Richmond sworn.
Mr. Ket. Here, Richmond, have you seen
Plunkett lately ?'~Richmond. No.
Mr. Ket. How loui»; is it ago since you saw
himP
Richmond. About three weeks aso and more.
Mr. Ket. What discourse bad ^ou with
I^unkeit at that time when you saw him ?
Richmond. Plunkett asked me if I was a
servant oi* Mr. Layer's ? I said, I was ; and in
discourse I aske<l Lim if he had ever received
any money of Mr. Layer for the use of the
Pretender ? He kneeled down upon his knees,
and struck himself upon his breast, and said, he
never bad received any money of Mr. Layer
for the use of the Pretender in his life-time.
Mr. Ket. How long is this? Is it three
weeks ?
Richmond, I believe it is about six weeks ago.
Mr. Ket. Who was present besides you ?
Richmond. There was nobody else in the
room.
L. C. J. I would be glad to know, that he
never received any money for the use of tbe
Pretender, what do you mean by that ?
Richmond. He kneeled down upon his knees,
and said, be wished he might be damned if ever
be received any money for the use of the Pre-
tender.
Mr. Hungetford. Year lordship may re-
member Plunkett swore, that Layer gave bim
btlf acrown al onetime^ and other mon^ at
several other times; and now he
swears upon his bended knees that be
ceived any money for the use of the !
that is, upon his account.
L. C. J, When you are drawii
quences from tbe expressions, cons
those expressions are: He solemnli
that he never received any money f
of the Pretender. It doth not apne
did ; nor did he say that he did. W
Mr. Ket. My lord, we will leave it
Plunkett : We will beg leave to call
nesses as to Mrs. Mason's character.
Mrs. Clayton sworn.
Mr. Ket. Doyou know Mrs. Masc
Buda, or Mrs. Eferbert, or wbat do yc
Clayton. I know her by all thos
Buda is the name she always used i
she bath eone by tbe name of M
Bevan, and Herbert.
Mr. 4Cet. What is her character ai
tion ?'^Clayton. Very indifferent.
Mr. Ket. Is it bad or good ?
Clayton. Very bad.
Mr. Ket. Have you had any talk
at any time about su* John Meers an
Thomas?
Clayton. I have heard her say tha
Sol. Gen. They are asking what tl
bath heard Mrs. Mason say at any t
sir John Meers and bis man, wh
to a particular fact, surely is not
question.
Mr. Hungerford. What have you
say about any papers ?
Clayton. Isee her have a printed
used to go often where Mrs. Maso
and goine one day there I saw a (
sitting, which was Mr. Layer : He I
{lorter for Mrs. Mason. When she c
le, the parliament- man I was speakin
{irovided of tbe 3001. 1 have a goo
end it bim.
Mr. Hungerford, Pray, how d
Mason get her living?
Claifton. By deluding young wc
carrvrnflf them about for money.
Mr. Hungerford. That is to say a I
not? — Clayton. Yes.
Mr. Ket. Did you hear of any re
was to have bv coming here ?
Clayton. She said she was to be p
she would not do it.
L. C. J. What do you mean ? '
been so often admonished by the Cou
signifies nothing. You are charg
Auison with being a bawd, when y
only to enquire as to her general cha
Mr. Ketelbey. I asked you gem
question, whether she had a good-or i
racter?
Clayton. I did answer that questioi
L. C. J. At this rate tbe most inna
sons may be branded as the dmmI
villains; and it ia impooiUa iorthi
for High Treason,
Mrs. Peirce sworn.
\trford, What do you kDOw of this
know I lodged in the house where
e.
Itrford, What character hath she ;
)r a had one ?
k very indifferent one.
Is she to be believed or credited ?
4o, she is not to be credited.
gitrford. Had she a good reputa-
ilmmons one ?
$he bath a bad reputation.
igtUy, You have seen Mr. Layer
rirce. Ye«.
Mrs. Tri7A:inMm sworn.
tUbey. Do you know this Mrs.
». I don*t know Mrs. Mason ; but
I. Bevan.
ihiy. What character hath she ?
fi. I know her to be a vile woman,
>t care w hat she says, or what she
*Ihey. \% that her (i^rneral character?
m. Always since I have kuowu her.
f/6ey. How long is that ?
Ml, About two years.
Mr. lyytT swum.
ih€y. Mr. Dyer, Do you know Mrs.
T^tr, I kodw one Be van.
cflry. How long have you known
(be liveil with me 13 or 14 years ago.
rf6ry. What was her character then ?
Ibe robbed my Hhoii, and 1 sent her
•II.
tlhcy. What is lier character and re-
iw?
1 desire you to forbear this irre-
liee.
Strford. Is this woman to be cre-
-^Dytr. 1 know nothing of that.
Mrs. Basket t sworn.
r. Had you any discourse with Mrs.
'Batketl. No, !Sir, I donH know her.
f. Had you any discourse with herf
t. ldoQ*t know her.
r. Nor Mrs. Bnda ?
t. No, 1 don't know her.
Br, Nor Mrs. Bevau ':*
1 1 don't know her at all.
1^. Do you kuow ."^Ir. Lynch? Have
lliiiktdv?
^'Imwhim l-st nij^ht.
ff^ DmI you hear hun say wliat re- ■
ilihtvefor s\*«'a»iiig U'^aiijAt me? .
*^ miMt not be.
^^au not hear him sny he was j
■^earing a-;aiiist me :'
ta a conipa.s!»ion for you,
■bb from you, wliith we
Mjttlse.
A. D. 1722. [258
SoL Gen. My lord, this id not to be eudured.
The prisoner turns about to the jury, and tells
them that Lyuch said be was to have 500/.
a year.
jVlr. Hungerford. I believe the geatleman
tliat sat next to him did not hear him.
Mr. Wearg, My lord, I did hear bim say to
the jury, that Lynch said he was to have 500/.
a year.
L. C. J. T must tell yon, if you did but con-
sider of what little consequence it would be to
you, you would not do it : when you thought
nt to make him your confidant, carry bim to
the Green Man with von, and to my lord
North and Grey's ; and there be was enter-
tained courteotuly by him ; and do you come
now to brand him with beii^ an ill man ?
Prisoner. Lvnch savs himself, that be did
not know me till June last ; and bow could £
have so much friendship for bim on so short
an acquaintance?
X. C. /. Tbeu for this woman, if you would
do service to yourself, prove the packets are
not under your seal, and that you did not de-
liver them to her with your own band ; prove
something of that, and these proofs will be of
more service to you than ten thousand of
these witnesses.
Prisoner. My lord, if 1 was admitted to
prove, 1 can make it appear it is all a sbaia
and a forgery.
Mr. Wingerford, It was Dcter proved to be
bis seal.
L, C. J. You are mistaken : the woman
swore it was his seal, and the officers sworo
they were under the seals when they seized
them ; and it is proved now to be bis seal, for
the seal is visible.
Prisoner. How do they prove it to be my
seal? iMy lord, it is not my seal, i desire
major Barnewell may be asked as to this
woman's character.
Barnizvell. 1 know her: she is a vile woman;
she hud like to have cheated me of 1,500/.
P/ isoner. You are only asked as to her cha-
racter in tjeueral. Is she a woman to be cre-
dited, or not?
Bamewell. No, she is not.
Mr. Ketftbey. I hope you are satisfied with
this general answer.
Mr. Hungerford. They won't tet us go into
particulars ; that the course of practice won't
allow.
Mr. KetelOcy. It is imponsiUe for us t^
dli'cct the answers to the questions.
Mr. Lcbutt swum.
PrUoner, Mr. Leluitt, pray, give my lordl
and the jury a general account of this Mrs.
Buda, or Mrs. .Mason, whether she ought
to Ih* credited or not, or t;ain crc<iit?
Lebfilt. No: .she would take any body's
liCc uwuv for the value of a f:irt!iii);^.
Mr. ilungerford. Now, my lord, we will
close our evidcni-e as lo the character of these
witnt'sses againi^t the pristmcr at the bar : we
hope we barcpro^ed their characters to be so
S
f59J
9 GEORGE I.
Trial of Christopher Layers,
infamous, as no jury upon earth will beliere
I hero. Here is this to he observed
Fritoner. I be^ panlon ; liei-e is mipfhty
talk of my arms: I am so fortunate as to
have a person here that will give 3'ou an ac-
count of them, and bow tm^y came to be
brought thither.
Mr. Bowers iwora.
Mr. Ketelbey. What trade aic you of?
Boaers. A gunsmith.
Mr. Ketelhetf, Did you make any fuzecs ?
Prisoner. >lo ; pray, let me ask him : pra^',
give my lord and the jury an account ot a
blunderbuss, a fuzee, a carbine, and pistols;
what you know of them. Did not you owe
me six pound on a note under your liand ?
Bowers, My lord, about five or six months
a^, Mr. Layer had a law suit for we : I sold
him a pair of pistols, and a little after I sold
bim another pair. Mr. Layer had them for a
debt : he had in his house two guns, i pro-
mised Mr. Beunet a gun when the cause was
over, instead of money . 1 gave him one of those
guns: there is another gun, and a musket
which- Mr. Layer had of me.
Mr. Layer had a note of mine for six pound,
which I oived him : 1 importuned him to take
a carbine for a man to ride whb, and a blun-
derbuss for bis house, in order to set off this
debt ; and I brought him them when he was
goinff into the countrv : I brought him some
Eowder, and I brought him three doaen and a
alf of cartridges.
Prisoner. Did 1 order you to bring them, or
did you brinff them of your own head ?
Awers, You hid me bring a dozen and a
half, or two dozen $ and I brought three dozen
and a half: the reason was, that 1 might
shorten my own debt.
Mr. Baynhcm sworn.
Prisoner, Pray, will you give my lord and
the jury aq account of the piece of arms I
had of you, and for what reason.
■ Raynham, 1 went with him to one Mr.
Prichard's in Frid.iy- street, there was a musket
in his com pting- house; he said he would dis-
pose of it: Mr. Layer asked him his price; he
said he would have fiOy shillings for it. Mr.
Layer saiil, that was tuo nni<:h ; says he, you
shall have a trini of it ; and if your sister car-
rier her cause against Mr. Watson, you shall
give me 50x. for it.
Prisoner, Did he put it on me, or did 1
desire it?
Raynham, You asked him what it was
worth, and whether he would dispose of it ?
Prisoner, Did not he say several times that
he warned to diFpoae of it, and desired me to
t«ke it on (ho2>e tcrnin ?
Ixaynhdm, ^'c.< : ho said on that condition
that your si^t^r ;:rot li^u* cause ycu should have
it, anid give him 5Uj. for it.
BIr. Sttmuel SUn-ard sworn.
Prisoner, Mr. S^«*ward, only give my lord
and. the jury an account whether or no I wni
not intrusted with things of great 1
what occasioh 1 might nave for a f<
whether you don*t know of money p
mortgages P
Steward, Yea, to the value of 30 c
within these two years.
Prisoner. Don*i you think it reai
to these arms, that 1 shuuld have th
house to guard my hou.sc ?
Steward, I thought it \ery reason
Mr. Huugcrford. My lonl, we
with examining witnesses, to the cr
witnesses produced a<Tainst the pris
leave that matter to the considurat
jury.
Mr. Ketelbey. Pray, Mr. Stewai
look upon that paper they call A Scl
a French motto upon it. Before
uiK>n that paper, 1 ask you if you are
with the hand-writing of xMr. Layer
Steward. Yes, very well.
Mr. Ketelbey, How long have y<
quainted with his hand-writinir ?
Steward, Two years and a half.
Mr. Ketelbey, Have you nt anv
him write? — Steward, Yes, a thou!
Mr. Ketelbey. Do you believe th
hand?
Steward, I do not believe it to l>e
Prisoner, Is it like I he character
Steward. Not at all : you write
character ; this is a long one.
Mr. Benntt sworn.
Mr. KetcWey, Have you been
with the hand-writing of Mr. L.iypr
Ben net, I have been very wtll
with the liand-writin(r of Mr. Layer
Mr. Ketelbey, You have seen liiii
Bemift, Very often, a thousand a
sand limc^.
Mr. Ketelbey, liook upon that pa
you believe thut to be his liand-writii
Beunet. No, my lord, 1 do not I
to be his hand- writing : i never saM
a hand like it in my life. 1 don't tli
his own hand- writing at all ; 1 nev<
write such a hand tfs this.
Att Gen. 8hew him that [>apcr
was a paper seized among the prisor
in the great bundle.] Look on that
gi\e my loni and the jury nn accu
know whobe hand-writing it is.
Bennet. I believe it is my 0
writing.
Att, Gen, By whose directior
write it? — Bennet, By Mr. Layer'
Att, Gen, For what purpose was
Bennet. I can't remember.
Att, Gen. Did you write th;
Layer ?
Jiennet, I believe 1 did ; but J
what particidar reason I writ it for.
Att, Gen. Now, my lord, here it
papers that were fmiud in the bmidl
the list* were fiMind, proved ts he 1
Layer'a ckdc by iM.iUiictieai.
flelipotitif^lufoitsiMllN*-
Mllii^'lMiid-writiiiff • Tct M to Irfi
VAeO. IttoAlistofimiiier
ttoiAgf. ^BdSmyoareidHyWlist^a
tali. Mylord,1ieMidiCwttiihiihiui3.
iL».'l7«l
l^
. ThIfiiWi found «0oiigft1ifa pajpers
Idp. ftwtsU&enfDtbttlSiiii-
»tiie lifts were.
Meftejr. We rabmft it to jfoor lord-
|1tte lory : ire ipprehend we ftncve
lirSebeiBe not to belooflr to Mr. Layer.
imOed two witiieMet tbatbcfelmoWta
^ jewt, and have seen hiin write a
gr fhnca, md tinft they Terily beUei^e
llafcia facnd-writiBg. We don't knoir
■ peaiiMe to leate it on a better foot.
% my lord, we aball leare it to yonr
Mmelioii, and the ifODsideratioB flf the
fcijfrfinf. Ifylordy&ntbatlilwid
Mrfv, ia» Aal ttrit fentleman is indicted
If tovaaoB. The main of the dim^
\ Wf that he was concerned in de-
s'anlnsarrectiou. How that ^p-
■va proved, 1 bare spoke to already ;
Bi be allowed, that wbatseever deao-
^eonaeqacnioes miriit now have en-
lii iMdh bMi no Mood shed, no armiea
fc| tnsaaSona attempted: and I chink
M-lfti evidence that comes not np to
MrHIhe indictment, the blood of tbia
^Wrht not to be reached : at least
flNlmpe it shall not.
mt. tiky lord, as to Lynch, it appears
fcriaaru into Essex was merely aoci-
WUa we came to the Green Nan, we
there three quarters of an boor ;
we went down twice in the time,
business, this pobUsbinff a de-
j of an insurrection, Which is
laid as an overt act in Essex ;
done before dinner bv his Own own-
I not three quarters of an boor firom
t in, till the time we came out.
|o my lord North and Orev'a ;
was niere, he is asked, if there
s there about any such design P
iras nothing said of it there. Is
snch a design was on foof, he
\ ahonid go together to the Green
Jhly recapitulate the alfiiir ;
I ire came to my lord North and
' fabonldbesaidofit?
\ to Ptuokett, hesaitb that he
1 with me first of all, by rea-
I that were seised in a bouse
^ that he never saw me till
■%ia in Lincoln's-inn-fields.
"Am know me : we lookhig
Van be venewed his ac-
^Md me of foe former
' ttodthereononlgave
kteMidtmssheb
kto tyine fo Ibtii^ into the IMmdeifViir-
vice. Be conrtMsd, is t proted by iuyor
BarMi#dn, thai I gave it bidllbrfortiier ear*
tices. JU ID ifob tbirtifen Ahfltlnga, he waa
askeHy ^R^wCber he did not eonie to borrow aoek
aasiil'df money of mv '.' \ie K^^id Ir; ilhl ; it
■was In Older to release n^njor Bameiw^ell out of
the'lBdiilMilsca. Beinti; asked uh ether Ire was
nok'aiq^nted ivitli m Datiid Cj\rroU, and
whether there wils not some lUflTercnce about a
lidiM )n 'Spain betweeii them ? He said them
WALbaii ttuit lie came to tkdvbe ^ith me, wbe-
IherliO oonld reco? er tbe mottey of Daniel Cftr*
rollf 'Is It not nataral thai tUe giimea he talks
'of mitflft be anoiber matiS muoej, lb at was
tdWhnil tVouc Jeffjevs was striit to him by
me: haialkK to faim as' to that guinea, when he
coniea to be aiked^ wbelber it waij not purely
out Of.ldndness md charity that 1 did lead liitn
fliat goinea f He doth not deny it % aQtl now
wonid inalnimte that it wa3 gi^en hira to list
men ftfr die Fmender. From ibe iroprolabj-
lity cfthe fob if, frotn hiis own owning, no per-
son Goold believe tiitn. 1 bdiei^e tlit^re are
ttinety-nine out of a hitadred tbat cannot Ik;-
lltfve one word that eUber Lynch or Plutikeli
n
Then the neit tnatitr they taOc of, tbey
doceai^ebeme: kov bard and ilifficitljbwf
to ffive any evidSMtelbat so it sboaTd be leiMi ;
and I bumbly apnreheod it did ndit strictW
amoniittoiegiUevldeiiee. Mr.IKiyley.lieaaiOt
fie knew my band U or 15 yOteaago, mid that
be bath rsorived letters from njeiiboiit 5 ycara
ago, and hath odmoartitlhls scheme withtboi)a
letters; and tbefdbre bis helices it to fie my
hand. When he comes to be asked, whether
he bath thoae letters here with which he com-
pared this schbme P No, I have them not here :
yet chiefly hu belief was that it was my hand-
writing, by cdinpariiig these letters and thia
scheme to^foer. This amounts to nothinjr
tnore, when it comes strictly to be eonndereOt
than only a similitude of hands, and swely si-
militude of hand, with snbmission, ia not proof
in criminal cases : and when It aoAOonta to no
more, it ought not to be received.
Here is, say they, a circumstance that what
Lynch and Piunkett swore must be true, be-
cause here was a scheme for an insurrectioo.
In this very scheme or paper, as 1 took notice
of, not one man is mentioned by name in it ;
only soldiers to be hod here, the Tower to ba
seized, the Bank and the Exchange to be aeis-
ed, and the world to be turned upside down ;
but by whom P There is no time mentioned,
there is no date to it This thing, if it be such
a scheme, if it had been written by me, which
I absolutely deny that it was wnt by me, it
doth not appear but that it was written several
years ago. When they come to ask those gen-
tlemen, the under- secretaries, if this be so re-
markable that they lay the whole stress upon
this paper,> whether I acknowledged it to ba
mine, tney could not say I owned it to be mine.
One of the lords lays his finger on a paper *^
aailhy JDobt yott say thia abam amaf
J631
9 GEORGE I.
L^t deny to be to. flow comes it that none of
rtiiose lords directlj oflfered the paper to me,
pMiit asked me^ Is ihbt your hanii-writincfi^
FTbere was my Lord Chancellor, my lord liar-
Icourt, and several other lords present, ihat very
flikely would have »^ke4 that question ; but
r cither they did Dot thiuk it material, or they
r liad not the paper there, or they did not think
I It of that consequence, or they Itnew I would
^deny it.
When we come to call witnesses to this wo-
^man, this vile, this iofaoious woraaOf I could
Tihcw you she Ijath been privy to torjj;eri*?8. If
it was not to take up your lordship^s iime^ I
r could shew that this is a contriTaoce between
[m gentleman and her ; 1 ara very loth to name
aim, to carry on such a paper as this to get
"money of the go?eraix)ent.
Here havne been five or h\x wiioeases, whtise
F credit stands onimpeacbed, who tell you Iter
t%'ord is not to be taken for a throat. Another
, be would not bao^ a dog on her evi-
Jitfeoce. This Scheme must come from her ;
F«be sav9, she had two bundles of papers that
J'^t-ere delivered by me to her »eatetl up ; and
itlie says this Scheme was amon^t them ; and
ribe can the better swear it, Itecause she bath
^»et her mark upon it. Ooe of the messengers
Jdolh not know whether she was in the room or
'no. if this woman is not to be believed, then
all the other evidence relating to ihh paper falls
the ground. It is a maxim in reason as well
^Rs law } take away the Ibuodiition, and the
[Work must falK
Gentlemen of the jury, I would have you to
.take notice of this evidence, and not go away
^"with a mistaken notion^ because here is a vast
ileal of talk about the Pretender, going to Rome,
rltstiug of soldiers for the Pretender's service,
J Sec, Your lordship will tell them all that is
rtiothing^, unless they believed an overt act to be
done in Essex r that is the true Estate of the
^ case with bumble submission. Therefore I
'bopp such evidence as this evidence of Lynch
and Phiiikelt (but only to confiue it to that of
^ J^lr. Lynch) Oaih proved nothing at all against
'me ; and if what be hath sworn doth not affect
Die, then all the other standi for nothing : that
'is the true stale of the case. I would not have
'*^the jury think a man is to he hunted out of Lis
[life by fine speeches, farfetched innuendoes^
and the like. You will consider the character
■"of this man, thai he is not to be lielievt^d. Til
rieave it to you, and 1 hope God Almi^fhty will
^ direct you : I ask you no more thnn justice.
If a mau's life is to be taken away by such
l^ scandalous evidence as hath apfieared against
I ^e, there is an end of all your libertiey, your
wives may be taken from you^ your children
inade slaves, and all thfal is valunble to you,
I jonr lives and estates will be hut very preca-
\ lions.
. SjL Gen. May it please your lordship, and
ryou gentlemen of the jury, you have heard a
»erv long evidence, and it is my part, as ex-
muY and faithfully aa I cmi, to sum up to you
TrialofChrisfophfY Layeff [264
the substance nf il, and to reply to the objec-
tiuns which have been made on the bd|^^jf]
the prisoner ; as w* II to sucb ol
have been madf by t-be prisoner hii
by his counsel for biro, as I0 tbo«e wlitefl
from the evidence that has oomt: out f>
mouths of hia wituesses: And nlW 1
done this, I doubt not but it will ap^ieartf
satiis faction, that thp evidence which baa
given for the king stands unanswered, and b 1
strong proof of high -treason against the pri*
sooer at the bar.
Gentlemen, the treason with which t lie
soner stands charged is com pa fusing and
gining the death of the king. This hig^h
cnnsista in the imas^iuation of the heart \
must be proves! and made out i^^insl
ofiender by acts which he haih dotie,
overt acts of this trea^ion ailed 12 ed to be
by the prisoner, are, in the fir«t place, o
ing nod conspiring to levy war agaiitsl
majesty : In th^ next pbce, publishing a
sonubte declaraiionp containing exhori ^^
encouragements, and promises of rewBnU,l^^
stir up thii king^s subjects to take arms, and |
rise in rebellion against h\^ majesty ; cofttdit^ |
ing and conspiring to exalt the Pretender la tbs .
crown of this reahn, and put him in posscsaioo J
of the government by armed force, and truopf .
lobe levied jjir that purpose; the actual io»
lji>tihg and retaining of men to serve in this re^
be] lion ; and, BiiaUy, a conspiracy to seia^e
imprison the sacred person of the king hii
Genllemeiu the heinous nature and di
tive tendency of these facts were fully
plained to yo\i in the opening of the cause,
they had met with success, the event
undoubtedly, have been no less than the
subversion of our present happy e«tablishm
and, in consequence of that, the lo^s of er^
thing that is dear and valuable to t)S. For
reason it was rightly admitted by one of
counsel for llie prisoner, that the criroi
'proved, ia incapable of aggravation ; and
so J although it is impossible to say I04j 11
concerning it, yet to say a great deal to
must be unneeeitsary, because it is eijually
possible fur the hearts of Knglishu»en and ]
testanUs to suj^^ge^^t too little to themselfi
so important, so moving an wcasion.
The evidence which has been given €<
of several parts and different kitiils, every
of which conduces to support and ccirrof
the other, an*l taken togL^her, they m
the fullest and must convmcing testimony
can be expected in any case. In the first pi
living wilnesses were produced to yoii
were privy to the treasonable acts and
tationa ; in the next place, several papers
lipeo read to you, some of them written
the prisoner's own hand, but all of ihcti
longing; to him ; and last of all, you
the coofession of the prisoner himself pi
by two witnesses.
The first witness was Mr. Stephen Lyncb^
who gives you an account in what manner he
was lirEl inuotUiced to the priioutr nt the bar*
JfW High Trraion*
l« tHU yon he came into Eiiglaml about
illsfl, mtul bud spreral rneeling^s ^ith one
, Miir|»hey, wh« wiui his oltl acquaintance.
tiN9M oieetin^B they haii a iliscour^e rebt-
to Iba Prf;t«;iHler, and an attempt to be
\ for in i^^^r-nerai rising in bis tavtinr ; and
ivin^ thus iii**ciosed the secret,
I if he wy old lie of the party, he
■inend him to a (fenileman who had
4e share in the maiia<reinent of the
l^^nch tookVime to deliliratr upon it,
laia mo or three days after told Miir|jhey
fct w w«oh ed to be of the party.
Mi^nyn •r*ts m June last, Dr, Morphey carriea
E^axk to thtt prisooei^s house, who |jra|>o»0<l
Ji lioB tci ^ to ihe Griflin-tavern in Holborn.
IMber lliey went, and the prisoner 1*00 n canrve
<liliieiii ; and you have heard in nhat manner
Hspbey pr^*^nied Lynch to the prisoner, as
l«^ the gentleman he had before ^y^ka to
ItBiiT^ axid what propfisals 'were made at that
" — ^"-^ by the prisoner to Lynch* That there
be an insurrection in the kingdom in
Qtof Ihe Pretender, in which they ahonld
W sD^ported by a great many of the army and
I well &ji by several of the nobility
and that he wanted a fit per^ou
the 6rst steps in it by aeizing
ptnoo of some general^ or other greut
^^BD^pvTicu oy
gbt fnords, oi w
mi weBAxyi an
iilidteocieof il
It may be proper here to take notice of an
ab)eaioii which was made to this, which
ii cbe r^ry beginning of our evidence : Thai
LjflicV * : in absolute stranger to tht? ]m*
MBer, p^iiraordinary that the pri seme r
iboulii ruaivrr H proposal of j»o clungerous a na*
lur« to him at in%\ %\\r\\\. But this ia plainly
aceotmt«^fi inr Uy the witness^ who telU you he
Wti I acquainted with Dr. Murptiey,
wd .^i r i .i was very intimate with, and intro-
him to the prisoner as a friend who
Might be confided in. Agiieeably to thi^ you
tbKrte, that the first thing the prisoner ac~
9Mted Lynch with, was, that he had had such
ntoiiif r^comnienflations of Lyncb^ that he
vti fully *atis6ed in him.
Tbia witness gueti un to give you an account
IhMio a day or two alter, in pursuance of the
Hiaetffiea he had recci?ed from the prisoner, he
ip«il to the same taTero, and sent for the pri-
They had »ome further conversation
a ni^iiiu''f "md the iocltnaiion which ap^
in the n;itron for a revohiiion. And now
il via that prisoner informed Lyuch that there
^Pii« great man at the head of ihiH afiair,
«i«jic&er wanted wii, omrage, or restitution,
•ad aroold at a proper time give Lyuch orders
l» cflvsci something considerable. At this
•MdiDg the pri^ner nariicolarly engaged
X»yikcb to seize the earl of Cadogran. The rea •
mm of tliii attempt the witnes§ gives you, that
it trai itiorUer to discourage the kintjV parly
•nd aoiinate the Pretender ^». And, gentlemen,
tbe nwaatng of this is plain and obvious^ ; for If
tnsttfrwtioii was begun, what could be more
USaAy lo create a confusion in the army, and
" Ibe tokiteri to revolt) which appaars to
i ilUyi
have been a main part of this design , than tlie
seizing of their geoeral?
There were several other meetings both be*
ore and after the prisoner's going into tiio
cotiniry, where the witness told you he had '
*itaid ^txteen or seventeen days. At those meet-
ings they di$t:ourspd concerning theconspiracy j
and at one of them it is remarkable the pri-
soner tohl Lvuch, that if they once made a be-
ginning here, th£*y should want no assistance
from abroad. And, utlajtt, Lynch tells you, that
he being under iie«:essitie9, expressing great uo*
ea<iiness at the dday of the project, and, as I
remember, talking of going beyond sea, the
prisoner actually advanced to him a sum of
money, no less than eight or ten guineas at
difl'erent times, in order to engatyp him to stay
in England, audio a^^si^t in the intended deitigii
of a revolution. This is one proof of m%
overt act laid in the inilicttnenl of listing men.
As they had considered how to fijspose of the
general, so it appears they did not neglect the
army; for Lynch ncmmints you, that upoti
discourse about that, he asked what encou*
ragetnent they had from the army ; upon which
the prisoner answered, That they hail great
encouragement from thence, and several ser^
jeantfi and common soldiers had ^men them
reason to belicvf they would join tliem. Lynch
being asked a^ to the time when this design
was to be put in execution, he told you thera
was no certain time tixed, hut the prisoner io-
formed him it was to be at the breaking op of
the camp \ and tit the same time gave a rea-
son for it, which is by no means lo be passed
over, ^' That they could not have so good op-
portunitieH to talk with the soldiers (that is, to
seduce them Irom their duty and allegiance)
whilst they were encamped, as in their <{uar-
ters/* Pursuant to these consultations, Mr,
Layer afterwards told him it would be neeea-
nary to take a proper time to view my lord Ca-
dogan*s house. The pretence for going thither.
was, that Layer had a particular of an estate
which was to be sold to lay before his lordship.
He tells you that in fact they went to the house,
surveyed it, talked of the feasibleness of the at-
tempt, and at thai time they also discoursed of
seizing the Tower ; and the prisoner told the
witness that tlve Tower would be immediately
sutTendereii to the party on the day the plot
should be put in execution ; for a certain officer
would take ufion him to mount the guard there
that day, who would facilitate the delivery of it
to them. And the people ofthe Mint were at the
lame time u* have arms put into their hands.
This is a very remarkable passage, and faltt
in with the scheme which was afterwards pro>
duceil you in Ihe |irii$oncr*s hand writing.
The next meeting where any thini^ pass-
ed worth repeating to you, wa<; ut the
Queen ^8 Head tavern in Great Queen-street;
and when the witness came to the prisoner
there, he found one Wilson in company witU
him, and another man^ who seetned by his
clothes to be a Serjeant of the guardd. ' The
uae to be nctade of that fiict ia, that it is a cit-
4
SB7]
9 GEORGE t
eamstanoe which falls Id with . tlie written
Scheme; for you obseired that one Geoi^
Wilson is there meDtioned as the person who
was to manag^e the seijeants, and reccire orders
froui the principal officer. *
At this meeting Lynch tells you they talked
ov«r the business, and drank good snclsess to
the enterprize. When they parted, he com-
plained to the prisoner of' the k>o<*' delay. Upon
which Mr. Liayer told him there was a noble-
man at the head uf the desig^n, who had fuii
power and authority from the Fretendei* (whom
Be called kin^,) who would lose no fit op|>ortu-
Dity to put it in execution. He did not name
this nobleman, hut tohl Lynch that he should
be iiresented to him in dne time, and also re-
ceive orders Irom him to seise my lord Ca-
doii^an.
Gentlemen, it will be rery material for yon
to fix thi» circumstance in your memories, and
to connect it with the evidence which comes
afterwanis, and what was done in consequence
of this meetiofi^.
For after Layer had f hns declared that there
waM a nobleman at the head of the conspiracy,
and Lvncli should be presented to him in due
time, thro it follows that upon the $4th of Au-
gust, the dav the bishop of Rochester was com-
mitted to tfie TiJwer, which appears by the
evidence to be the time of their next meetinqf,
Blr. Lnyer proposed to L3mch to ride out to
take th«* air, which was agreed upon for the
next day.
In tliat joumev the prisoner pemiade<1 Lynch
to carry arms, because, as he then decl:ired,
*< He had that about him which he would not
lose for all the worW.** Upon the road Lnyer
told Lynch tiiey were to go to my lord No'rth
and Grey's, and when they were got pretty
near the Green Man at Laytonstone in Ks!«ex,
it was thon^-lit to be too kite to go on to dine at
lord North andG-rey's; and therefore the ]>ri-
aoner proposed to stop at the Green Man to tak«
a dinner.
At this place the overt-acts of higb-timson
comntiitcd in Ksscx, which we were so much
called iijxtn to make out, do arise. During their
stay li(^'e, the witness gives you an account
that they di:«C(>urscd of the whole project of the
insiiiTfctitin,the lueansol'eflectini,^ it, tlie unea-
siness that wns in the nation, and in creneral ail
the M>veral nintteis they had consulted of be-
fore ; and at'ler they ha(rdone this he tells yon,
Mr. Layer the prisoner pr\>f)0swl to him that
deustab:c and shockinij; dcstirn of seizing the
sacred person of tlic king, which he sometimes
called ^* sending u strong guiird to take care
of" at other times to secure, the king's
person.
He telU you farther, that Mr. Layer nulled
out of his pocket a manuscript paper, anu deli-
vertd it lo the witness in prt toldetl down, and
he read that part of it w hieh was left open.
That this paper contHined a declaration, with a
recital, that my lord Cadogan was then actually
in their custoily : That there were in it invi-
tations to the x>copl« to ri»e in ariw and repair
*isr^
Trial qfChrutopher Layer ^
to their party : enoornvgementi to \
diers to revolt, with an offer of three (^
every horseman and seijeatit, two gala
eviTy corporal, and one ^ineft to ereiy
mon soldier, to be peid immediately 9m
joining the party ; and a promise oflT — "
rewai^is. Lynch a^uaints j'ou, thitfT
souer talked of this declaration bimr^
own composing, and that from the i
which passed l^txvcen them, and the i
a nee of the paper, he apprehended it I
the prisoner's hand-writing.
My lord, after lliis declaration bad I
port need, the prisoner took it bock eg
It into his pocket, and kept it ;